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Privilege Log Deemed Partially Inadequate

June 18, 2025

In Gilbane Bldg. Co. v. School Bd. of Broward County, the court addressed six privilege log disputes, offering practical guidance on adequacy, role identification, email threads, and subject descriptions in discovery.

Blog Articles, Case Law, In the News, Recent News, Rules
Michael D. Berman

All Metadata is Not Equal – Court Orders Narrower Request

June 17, 2025

The Court in Heym v. APG Housing emphasized the need for proportionality in eDiscovery, denying a blanket metadata request and urging targeted production aligned with Maryland’s ESI Principles. The decision also addressed the scope of...

Blog Articles, Case Law, In the News, Lawyers Duties, Metadata, Recent News, Rules
Michael D. Berman

Agreement to Permit Forensic Imaging May Leave Some Unresolved Questions

June 17, 2025

In HET MCPS v. AutoFlex, the court granted a motion for forensic imaging of devices, but key questions remain about post-imaging data handling, including privilege, relevance, and production protocols. The case underscores evolving challenges in...

Blog Articles, Case Law, In the News, Metadata, Recent News, Technology
Michael D. Berman

Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video

June 16, 2025

The District of Maryland in Moore v. WMATA denied spoliation sanctions despite finding a breach of the duty to preserve video evidence. The ruling emphasized the need for concrete proof of relevance and prejudice.

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Technology
Marris Hoffee, Michael D. Berman

“Diligent Search,” But No Responsive Data Is Insufficient Response

June 9, 2025

The EEOC prevailed in discovery disputes against Mia Aesthetics by presenting factual support, challenging vague claims of a “diligent search” for responsive data. The court emphasized that specificity and documented efforts are required to meet...

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules, Technology
Michael D. Berman

Non-Party Law Firm Ordered to Provide Defaulting Client’s Affidavit to Support Claim of Client’s Privilege

June 2, 2025

The Riffle v. Excellent Auto Glass LLC case highlights the challenges of asserting privilege for non-party law firms. Despite a privilege log, the court required EAG’s affidavit to support the claim.

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News
Michael D. Berman

Judicial Approaches to Acknowledged and Unacknowledged AI-Generated Evidence

May 30, 2025

This article delves into how courts manage acknowledged and unacknowledged AI-generated evidence, such as deepfakes, highlighting the evidentiary hurdles, psychological impacts, and proposed reforms to ensure fairness in litigation. Grossman and Grimm outline practical steps...

AI, AI Ethics, Blog Articles, Case Law, In the News, Presentations & Publications, Recent News, Technology, White Papers
Dr. Maura R. Grossman, Hon. Paul Grimm (ret.)

Obstructionist Discovery is Called Out by Court

May 30, 2025

The court in Craig v. Cornerstone Trading Grp. criticized the City of Richmond’s discovery practices, deeming them obstructionist and rejecting its objections as disingenuous. The ruling emphasized the need for transparent and cooperative discovery in...

Blog Articles, Case Law, In the News, Recent News, Rules
Michael D. Berman

No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal

May 29, 2025

In Wenzler v. U.S. Coast Guard, the court denied a sanctions motion related to the deletion of text messages on two government phones, ruling that no relevant evidence was lost. The decision also upheld Wenzler’s...

Blog Articles, Case Law, In the News, Recent News, Rules
Michael D. Berman

Profanity and Threats Are Not a “Good Faith” Conference

May 20, 2025

In Milne v. ProAll, the court denied a motion for discovery sanctions due to plaintiffs’ failure to meet good faith conference requirements, highlighting profanity, threats, and aggressive conduct. The case underscores the critical role of...

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Marris Hoffee, Michael D. Berman

Another Text Message String Case

May 19, 2025

In Milne v. ProAll, the court denied a motion to compel further text message production, affirming that speculative claims and perceived format challenges are insufficient without concrete evidence of non-compliance with ESI protocols.

Case Law, In the News, Metadata, Recent News, Rules, Technology
Marris Hoffee, Michael D. Berman

EU Court Rebukes Von der Leyen Over Pfizer Texts in Transparency Ruling

May 15, 2025

In a landmark ruling, the EU General Court criticized Ursula von der Leyen for failing to disclose vaccine negotiation texts with Pfizer’s CEO. The decision challenges how digital communications are treated in transparency laws and...

Blog Articles, Case Law, In the News, Partner News, Recent News
Rob Robinson
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With deep sadness, we share the loss of Kaylee Walstad, Chief Strategy Officer of EDRM and an extraordinary advocate, mentor, and friend to so many in the eDiscovery and legal technology community. Kaylee’s generosity, encouragement, and compassion touched countless lives, and her legacy lives on in the people and organizations she lifted.

To honor Kaylee’s remarkable life and lasting contributions, we invite you to share your own memories, reflections, and images. Your tributes will help celebrate the joy she brought to others and the light she shared so freely with everyone she encountered.

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