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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...
Another Cinderella Situation –Motion Denied as Untimely?
In Fiskars Finland OY AB v. Woodland Tools Inc., 2024 WL 2504717 (W.D. Wisc. May 24, 2024), plaintiff sued for alleged misappropriation of trade secrets. Defendants counterclaimed. A motion to compel production of source code was denied as...
StubHub: Modification of ESI Protocol and Denial of Sanctions – Performance Was Impossible
Michael Berman analyzes In re StubHub Refund Litigation, 2924 WL 2305604 (N.D. Ca. May 20, 2024) where sanctions were denied regarding not producing hyperlinked documents otherwise known as modern attachments due to a “get out of...
Bad Things Can Happen When Company Officers Use Their Private Email Accounts for Work
Michael Berman analyzes Clark v. Council of Unit Owners of the 100 Harborview Drive Condominium Association, 2024 WL 2155021 (D. Md. May 13, 2024)(Quereshi, J.) for the court’s guidance on business versus personal email from an...
Documents Withheld Under Deliberative Privilege – No Privilege Log Needed?
Mike Berman analyzes Blue Mountains Biodiversity Project v. Jeffries, 99 F.4th 438 (9th Cir. 2024) to determine where the obligation to disclose for transparency meets deliberative privilege with impacts on whether a privilege log must...
May’s Notable Cases and Events in E-Discovery
This Sidley Update examines recent eDiscovery decisions from various U.S. District Courts, focusing on privilege logs, forensic examinations, and spoliation sanctions rulings. These cases highlight evolving standards and expectations in eDiscovery.
Law360 Report on “Dropbox Rummaging” Case
In a legal dispute over Dropbox discovery, an appellate panel scrutinizes a $160,000 sanction imposed in the $10 million case. The issue is the untimely notice to the producing party about accessed documents and the...
An Epilog: 4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in One Case
Social media platforms face allegations of targeting and addicting youth in the Social Media Adolescent Addiction case. This comprehensive analysis dives into the multifaceted challenges of e-discovery and litigation hold notices in the digital agea....