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Another Spoliation Motion Denied as Untimely
In an employment case, an untimely spoliation motion was denied in Smith v. Wormuth. Find out why courts are unsympathetic to motions that try to reargue substantive issues under the guise of spoliation and why...
Ninth Circuit – – Don’t Destroy Relevant Texts
In Jones v. Riot Hosp. Grp. LLC, the Ninth Circuit upheld serious consequences for the deletion of text messages in litigation. This case reminds us of the critical importance of preserving electronically stored information (ESI)....
Privilege Logs: New Techniques to Achieve Proportionality – The “Certification Log”
Michael Berman reviews The Sedona Conference, Commentary on Privilege Logs (Feb. 2024, Public Comment Version)(citing Rule 29) alongside the EDRM Privilege Log Protocol: Version 2.0(2023) and advocates a trust but verify methodology.
Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions
A recent case highlights the importance of clearly demonstrating “intent to deprive” to secure sanctions under Rule 37(e)(2). In Boshea v. Compass Marketing, Inc., the court denied sanctions despite the possible destruction of relevant evidence,...
Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video
Can a witness authenticate a video if the video contains images that the witness did not see? In Md. Supreme Court to rule on Baltimore criminal case involving video authentication – Maryland Daily Record (thedailyrecord.com) (Feb. 22, 2024),...
Emojis Are the eDiscovery Challenge That Can No Longer Be Ignored
[EDRM Editor’s Note: EDRM is happy to amplify our Trusted Partners news and events. The opinions and positions are those of Veritas and Ifran Shuttari. This article was first published on December 13, 2023]. Emojis have become a fundamental part...