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Recent Example of a Valid Effort to “Meet and Confer” to Resolve Discovery Disputes
Explore how the Jenkins v. Miller case exemplifies the necessary efforts to meet and confer in good faith to resolve discovery disputes, underscoring the importance of cooperation as required by local and federal rules.
Geofence Search Warrant Held Valid
In a significant ruling, the court confirmed the legality of a geofence warrant used by county police to investigate the theft of farm equipment. Despite objections regarding its specificity and probable cause, the warrant was...
Designation of “Work Product” Supports Inference of Intentional Spoliation
Stuart v. County of Riverside, 2024 WL 3086634 (C.D. Cal. Jun 14, 2024) emphasizes the importance of specifically designating “work product” protection in a privilege log as it can indicate intentional spoliation if evidence is...
When is Failure to Provide a Timely Privilege Log Excusable?
In Melton, 2024 WL 3015749, at *5, the court recognized the general rule: “s a general rule, when a party fails to object timely to interrogatories, production requests, or other discovery efforts, objections thereto are waived…. Furthermore,...
Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II
Michael Berman writes about an eDiscovery dispute gone wrong, highlighting the judge’s colorful language in expressing his displeasure. He highlights how bad behavior on other rules or norms can impact how the judge views the...
June’s Notable Cases and Events in E-Discovery
Sidley’s Monthly update for June 2024 of notable cases in eDiscovery has four important cases covering modern attachments or linked internal files (“technical impossibility”), pure native vs. processed native productions and an exploration of 3rd...
Garden Variety: Byte Fed. v. Lux Vending
In light of Byte Fed., Inc. v. Lux Vending LLC. and the opinion issued by United States Magistrate Judge Sean Flynn from the Middle District of Florida on May 1, 2024, Craig Ball looked at “garden...
A GROUNDBREAKING PERSPECTIVE: JUDGE NEWSOM’S VISION FOR AI IN JUDICIAL DECISION-MAKING
Judges and lawyers received a significant gift last week when 11th Circuit Judge Kevin C. Newsom penned a concurring opinion in a seemingly mundane insurance case involving a backyard in-ground trampoline. The concurring opinion, however, transcends its humble...
Eleventh Circuit Judge Admits to Using ChatGPT to Help Decide a Case and Urges Other Judges and Lawyers to Follow Suit
Ralph Losey reads and comments with enthusiasm where in a concurrence, the judge, 11th Circuit Judge Kevin C. Newsom, not only embraces LLM’s to aid decision making, he advocates and explains his thinking. Snell v....
Sanction for Dropbox Rummaging Affirmed
Michael Berman writes about a rare appellate decision upholding a six figure sanction against both attorneys and parties regarding eDiscovery “self-help” where opposing counsel gets a link to a folder that contains potentially confidential and...
Maryland’s New and Improved Unreported Opinion Rule Does Not Go Far Enough
Michael Berman looks at whether, how and for what purpose unreported opinions can be cited in the state of Maryland court system. He previews the Respondent’s Brief in Mooney v. State, No. 0032, Sept. Term, 2023.
Court Holds Privilege Was Waived by Failure to Timely Provide a Privilege Log
Michael Berman analyses Bautech USA, Inc. v. Resolve Equip., Inc., 2024 WL 1929486 (S.D. Fla. May 2, 2024).where privilege was waived due to timeliness issues in submitting privilege logs. Where no logs were required, privilege was not...