Case Law
← Back to Blog
Sometimes Discovery Disputes Do Not Bring Out the Best in Us.
In the recent decision in M1 Holdings, Inc. v. Members 1st Fed. Credit Union, 2024 WL 182220 (N.D. Ill. Jan. 17, 2024), interesting, both of the disputing litigants were ordered to state under oath that they...
How Much Detail is Enough in a Privilege Log?
In Southern Pine Credit Un. v. Southwest Marine & Gen’l. Ins. Co., et al., 2024 WL 1361891 (M.D. Ga. Mar. 29, 2024), the court addressed the amount of detail that must be in a privilege log. Southern...
What Happens When Parties Fail to Negotiate a Privilege Log in Good Faith?
In Kyle Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. 2024), the court wrote that it “would prefer this case not go to the dark place where attorneys on one side demand that the attorneys on...
Changing the Forum for a Motion to Quash a Subpoena
Learn how a federal district court changed the forum for a motion to quash a subpoena from the district where compliance is required to the district where the action is pending.
March’s Notable Cases and Events in E-Discovery
Recent e-Discovery Court Rulings You Should Know written by Sidley Austin’s Tom Paskowitz each month. Get the latest on crucial e-discovery decisions. This Sidley Update covers form or forms of production, deposition testimony, clawback rulings...
Law360: “Judge Applauds Attys’ ‘Very Awesome’ Use Of Google AI Bot”
The use of artificial intelligence in litigation has gotten a lot of criticism for hallucinations. That is why the article by Dorothy Atkins, Judge Applauds Attys’ ‘Very Awesome’ Use Of Google AI Bot – Law360 (Mar.14, 2024), is...
Another Spoliation Motion Denied as Untimely
In an employment case, an untimely spoliation motion was denied in Smith v. Wormuth. Find out why courts are unsympathetic to motions that try to reargue substantive issues under the guise of spoliation and why...
Ninth Circuit – – Don’t Destroy Relevant Texts
In Jones v. Riot Hosp. Grp. LLC, the Ninth Circuit upheld serious consequences for the deletion of text messages in litigation. This case reminds us of the critical importance of preserving electronically stored information (ESI)....
Privilege Logs: New Techniques to Achieve Proportionality – The “Certification Log”
Michael Berman reviews The Sedona Conference, Commentary on Privilege Logs (Feb. 2024, Public Comment Version)(citing Rule 29) alongside the EDRM Privilege Log Protocol: Version 2.0(2023) and advocates a trust but verify methodology.
Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions
A recent case highlights the importance of clearly demonstrating “intent to deprive” to secure sanctions under Rule 37(e)(2). In Boshea v. Compass Marketing, Inc., the court denied sanctions despite the possible destruction of relevant evidence,...
Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video
Can a witness authenticate a video if the video contains images that the witness did not see? In Md. Supreme Court to rule on Baltimore criminal case involving video authentication – Maryland Daily Record (thedailyrecord.com) (Feb. 22, 2024),...
Emojis Are the eDiscovery Challenge That Can No Longer Be Ignored
[EDRM Editor’s Note: EDRM is happy to amplify our Trusted Partners news and events. The opinions and positions are those of Veritas and Irfan Shuttari. This article was first published on December 13, 2023]. Emojis have become a fundamental part...