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Service of a “Preservation Notice” in the Forum District Does Not Confer Long-Arm Jurisdiction Over the Out-of-State Sender
In Plastics Industry Assoc. v. Bonta, the D.C. court found that a preservation notice sent to an entity in the forum state does not confer long-arm jurisdiction over an out-of-state defendant. This ruling clarifies that...
Privilege Objections Denied Without Prejudice
In a recent ruling, the court denied TEDCO’s privilege objections for lack of specificity, underscoring that blanket claims cannot shift the burden of proof to the court. However, TEDCO may refile supported objections after a...
“Reasonably Calculated to Lead to Discovery of Admissible Evidence”
Rig Consulting, Inc. v. Rogers addresses the enduring influence of the “reasonably calculated to lead to discovery” standard despite the 2015 amendment to Fed.R.Civ.P. 26(b)(1). This well-reasoned decision reiterates the importance of relevant, proportional discovery...
Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?
The intersection of marking documents as “work product” and the common-law duty to preserve raises critical implications for litigation holds. In cases like Stuart v. County of Riverside, courts have inferred a link between work...
Implications of the €310 Million LinkedIn Fine for GDPR Compliance
The €310 million fine against LinkedIn by Ireland’s Data Protection Commission reinforces GDPR’s impact and raises key compliance considerations for tech companies. This ruling underscores the need for robust data processing protocols that align with...
Is a Web Bug a Wiretap?
The Massachusetts Supreme Court in Vita v. New England Baptist Hosp. found that web tracking and browsing data collection does not constitute a “wiretap” under Massachusetts law, as the statute’s scope applies only to person-to-person...
Dilatory Objections to Corporate Designee Topics Were Too Late; “Blanket” De-Designation Request Was Denied
The court in U.S. v. Novo Nordisk rejected Washington’s untimely objections to Rule 30(b)(6) deposition topics and denied a blanket request to de-designate confidential documents. The ruling led to Washington’s failure to specify overbroad topics...
Court-Ordered Production of a “Destruction/Unavailable” Log
In Leprino Foods Co. v. Avani Outpatient Surgical Center, the court compelled the production of a “destruction/unavailable” log. This decision raises questions about the necessity and practicality of such logs in discovery and the need...
Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent
In GLD3, LLC v. Albra, plaintiffs sought discovery from a former town attorney about an alleged quid pro quo offer regarding property development. The court denied the deposition but allowed a limited interrogatory, balancing privilege...
October’s Notable Cases and Events in E-Discovery
October 2024 saw significant court rulings on e-discovery issues, including spoliation sanctions for lost text messages, search term disputes in antitrust litigation, and privilege claim procedures under Rule 26(b)(5)(B).
Discovery Dispute: “Both cannot be true.”
In the discovery dispute between Kranz & Associates and Lain, the court focused on Tekvantage’s inconsistent claims about the existence and production of documents, raising concerns about transparency in a trade secrets case.
What Objections May Be Raised to a Subpoena by a Non-Party?
In Trusted Sci. & Tech., Inc. v. Evancich, the Maryland Appellate Court clarified that non-parties can object to subpoenas on relevance, overbreadth, and undue burden. The decision underscores the importance of protecting non-party interests in...