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January’s Notable Cases and Events in E-Discovery
Explore January 2024’s significant e-discovery cases, including U.S. District Court decisions on subpoena scope, employer’s ESI preservation obligations, metadata production challenges, and the safeguarding of electronic information for litigation. Understand the intricate balance between legal...
Defendant Who Participated in Text Message Exchange Was Not Prejudiced by Disclosure on the Eve of Trial
This article analyzes ‘Pointer v. State’ and late evidence disclosure in criminal trials, its impact on defendant’s rights and legal procedures. It also explores Maryland’s rules on civil discovery as opposed to criminal discovery in...
If You’re Going to Coach a Witness and Misrepresent it to the Court, Turn Off the Recorder
In Hernandez v. La Fortaleza, Inc., 2024 WL 65217 (N.J. Super. Ct. App. Div. Jan. 5, 2024)(per curiam), plaintiffs’ slip and fall claim was dismissed with prejudice, and attorneys’ fees were also awarded, due to...
The ESI Protocol: Your Word is Your Bond… Or, Is It?
Should court-ordered ESI protocols be set in stone? This article examines cases where strict adherence to protocols led to sanctions but argues some flexibility may be reasonable.
Failure to Object to Untimely Interrogatories Coupled With a Discovery Violation Leads to Reversal
In Discovery Violation Requires New Civil Rights Trial Against Cop (bloomberglaw.com)(Jan. 3, 2024), Mr. Bernie Pazanowski reported on Morgan v. Tincher, No. 21-2060, __ F.4th __ (4th Cir. Jan. 3, 2024). In short, plaintiff filed untimely interrogatories. Defendant responded without objecting...
Michael Berman’s Top Blogs of 2023
Michael Berman published 108 blog articles in 2023, including: How to Read a Load File More on “Modern Attachments,” “Pointers,” or Hyperlinked Documents – Humpty Dumpty and “Usability” Possession, Custody, or Control – Part II...