Case Law
← Back to Blog
Search
Authors
April’s Notable Cases and Events in E-Discovery
Gain insights on e-discovery with an analysis of U.S. court rulings on spoliation sanctions and electronic data management. This month’s notable cases cover reasonably useful forms of production and when intent can be inferred from...
Court Orders Parties to Enter Into an ESI Protocol
In the unusual context of a Delaware federal subpoena for discovery in a Spanish proceeding, a court ordered the parties“to meet and confer to discuss the scope of each request and to enter an agreed-upon ESI protocol and protective...
General Objections, Dracula, and “Whac a Mole”
Explore the persistent issue of boilerplate ‘general objections’ in legal discovery and learn how courts are addressing these practices to improve judicial efficiency and accuracy.
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.