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Privilege Logs, Null Sets, Search Strings, and Number of Custodians in One Decision
A recent ruling in Cook v. Meta Platforms, Inc. provides important insights into privilege logs, null sets, search strings, and custodian disputes in eDiscovery. The court’s decision highlights the balance between compliance and undue burden...
Modernizing Florida Litigation: The 2025 Civil Procedure Rule Overhaul
Florida’s 2025 civil procedure rule amendments introduce mandatory case management, proportionality in discovery, and initial disclosure requirements. These reforms, modeled after federal standards, aim to streamline litigation, reduce delays, and enhance judicial efficiency. Practitioners must...
Tailor FRE 502(d) Orders to the Case
FRE 502(d) orders are essential tools in modern litigation, offering protections for privileged information. Discover how tailored provisions can balance efficiency and fairness.
AI Hallucinations in Court: A Wake-Up Call for the Legal Profession
Despite judicial warnings, attorneys continue to submit AI-generated court documents with fabricated citations. This article explores key cases, ethical obligations, and best practices for responsible AI use in legal practice.
Failure to Cooperate Leads to Judicially-Imposed ESI Protocol
The Zarfati court mandated a robust ESI protocol after the Defendant failed to propose alternatives, stressing the importance of cooperation and transparency in discovery.
It is Important to Understand an E-Discovery Vendor’s Contract
The Supreme Court of Alabama emphasized the importance of understanding vendor contracts in Digital Forensics Corporation, LLC v. King Machine, Inc. The case showcases how arbitration clauses can impact litigation and highlights key considerations for...
Fabricated Text Messages – – Some Lessons Are Never Learned
This article delves into recent legal cases where fabricated text messages played a central role, leading to severe professional and legal repercussions. Learn about key rulings with an expert analysis.
When a Parent (Corporation) Talks With its “Child” (Corporation) is it Privileged?
The Fond-du-Lac Band case raises critical questions about privilege in joint representation for parent and subsidiary corporations. Courts may not universally recognize automatic privilege, as demonstrated in this 2025 ruling.
When Can a Party Refer to Produced Records as an Answer to an Interrogatory?
In Red-D-Arc Inc. v. AMP 2 LLC (2025), the court examined the proper application of Rule 33(d) for answering interrogatories via business records. It highlighted the burden on both parties and emphasized that illegible or...
Google Avoids Discovery on Discovery Based on Insufficient Foundation for Request
In Taylor v. Google LLC, the court denied plaintiffs’ request for additional discovery, emphasizing that “discovery on discovery” requires proof of specific deficiencies. The plaintiffs failed to demonstrate Google’s chat messages contained unpreserved relevant evidence.
Request to Produce Documents Collected “to the Present” is Improper “Rolling Discovery”
The court in Rouse v. H.B. Fuller Co. rejected a request for “rolling discovery,” emphasizing that such practices violate prior rulings on temporal limits and proportionality in discovery. This case underscores the importance of adhering...
Court Appointed a Special Master to Negotiate ESI Protocol
In UMG Recordings, Inc. v. Uncharted Labs, the court appointed Hon. James C. Francis (ret.) as a Special Master to mediate ESI Protocol disputes, facilitate settlement efforts, and expedite the case. This decision highlights the...