Case Law
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Judicial Approaches to Acknowledged and Unacknowledged AI-Generated Evidence
This article delves into how courts manage acknowledged and unacknowledged AI-generated evidence, such as deepfakes, highlighting the evidentiary hurdles, psychological impacts, and proposed reforms to ensure fairness in litigation. Grossman and Grimm outline practical steps...
Obstructionist Discovery is Called Out by Court
The court in Craig v. Cornerstone Trading Grp. criticized the City of Richmond’s discovery practices, deeming them obstructionist and rejecting its objections as disingenuous. The ruling emphasized the need for transparent and cooperative discovery in...
No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal
In Wenzler v. U.S. Coast Guard, the court denied a sanctions motion related to the deletion of text messages on two government phones, ruling that no relevant evidence was lost. The decision also upheld Wenzler’s...
Profanity and Threats Are Not a “Good Faith” Conference
In Milne v. ProAll, the court denied a motion for discovery sanctions due to plaintiffs’ failure to meet good faith conference requirements, highlighting profanity, threats, and aggressive conduct. The case underscores the critical role of...
Another Text Message String Case
In Milne v. ProAll, the court denied a motion to compel further text message production, affirming that speculative claims and perceived format challenges are insufficient without concrete evidence of non-compliance with ESI protocols.
EU Court Rebukes Von der Leyen Over Pfizer Texts in Transparency Ruling
In a landmark ruling, the EU General Court criticized Ursula von der Leyen for failing to disclose vaccine negotiation texts with Pfizer’s CEO. The decision challenges how digital communications are treated in transparency laws and...
“This Was a Collective Debacle”
In Lacey v. State Farm, the use of AI-generated content in legal briefs without proper verification resulted in significant judicial sanctions. The Special Master emphasized collective responsibility, underscoring the need for attorney oversight when using...
ESI Protocol Should Define “Documents” and Address Redaction Based on Irrelevancy
We the Protestors, Inc. v. Sinyangwe highlights the need for precision in ESI Protocols, particularly regarding the definition of a “document” and redactions for irrelevance. The court’s analysis underscores that redactions must be explicitly agreed...
Court Held That an ESI Protocol Applied Only to ESI
In Skeans v. Atlantic Marine, the court clarified that an ESI Protocol governs only electronically stored information, not non-ESI materials, thereby requiring a separate privilege log timeline for non-ESI. It also addressed inadequate interrogatory responses...
En Banc Fourth Circuit Geofence Decision is Splintered
The Fourth Circuit’s en banc ruling in U.S. v. Chatrie upheld the use of a geofence warrant that led to a robbery suspect’s identification, but revealed deep judicial divisions over the constitutional limits of digital...
The Growing Role of Mobile Data in Legal Proceedings
Mobile data has become a pivotal source of evidence in modern litigation and investigations. This article explores recent case law and highlights how tools like Cellebrite and Relativity streamline mobile data discovery.
The History of E-Discovery is Both Interesting and Important
This article traces the evolution of e-discovery from early amendments to the Federal Rules of Civil Procedure through landmark cases, influential thought leaders, and foundational frameworks like the Sedona Principles and EDRM. It highlights how...