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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...
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...