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Request for Email Threading Protocol Rejected & Discussed Use at Trial
In In Re Tecfidera Antitrust Litigation, the court rejected a proposed email threading protocol due to usability and metadata concerns, emphasizing Rule 34’s requirement to produce ESI as ordinarily maintained and noting a lack of...
Court Denies Joint Request to Enter a Proposed ESI Protocol as a Court Order
The Middle District of Florida denied a joint motion to adopt an ESI protocol as a court order, stating that private agreement between parties suffices unless a proper legal basis for court involvement is demonstrated.
My Father is a Lawyer – Are My Emails With Him Privileged?
A federal court ruled that emails between a woman and her father, a litigator, were not protected by attorney-client privilege. The decision highlights that a familial relationship alone doesn’t establish privilege without clear legal intent,...
Challenges to Redacted Metadata Privilege Log
A court ruled on a challenge to a metadata privilege log, allowing some redactions but requiring detailed descriptions for redacted entries and email attachments.
Listing a Document on a Privilege Log Concedes That it is Relevant for Discovery
The court in Lively v. Skyline confirmed that including materials on a privilege log concedes their relevance for discovery, reinforcing Rule 26’s implications for privilege assertions.
Discovery of Search Terms & Ephemeral Signal Messages – It Has Not Yet Ended “With Us”
The Lively v. Wayfarer Studios case continues to raise key eDiscovery issues, with the latest ruling mandating production of Signal messages and search terms, while dismissing reciprocal demands as unfounded.
Native or Not? Rethinking Public E-Mail Corpora for E-Discovery (Redux, 2013→2025)
[EDRM Editor’s Note: The opinions and positions are those of Craig Ball. This article is republished with permission and was first published on August 16, 2025.] Yesterday, I found myself in a spirited exchange with a colleague...
The Best Defense Was Not a Weak Offense
In back-to-back July 2025 rulings, the S.D.N.Y. sanctioned Charles Oakley for failing to preserve thousands of text messages after his 2017 MSG ejection, crediting MSG’s expert over Oakley’s and granting an adverse inference. Oakley’s counter-motion...
7th Circuit Affirms Dismissal and Monetary Sanctions Against Both Attorney and Client
In Pable v. CTA, the Seventh Circuit affirmed dismissal and over $150,000 in sanctions for ESI spoliation, marking a key precedent on attorney and client liability under Rule 37(e)(1), (e)(2), (a)(5), and 28 U.S.C. §1927.
Document Correlation Under Fed.R.Civ.P. 34(b)(2)(E)
The Sievert decision reignites a long-standing dispute over whether Rule 34(b)(2)(E) mandates document correlation for ESI. While the majority rule says yes, the article proposes a metadata-based alternative that balances efficiency and fairness.
Decision on How to Best Search for ESI – Court Orders ESI Protocol in “Epic of Dysfunctional Discovery,” With Unique Clawback Provision
In a discovery battle over $24 million in damages, the court imposed an ESI protocol in Everlast Roofing v. Wilson, mandating cost sharing, TAR-based sampling, and a unique clawback for irrelevant documents—highlighting the perils of...
Document Content vs. Metadata in eDiscovery AI: A Clarification of Scope, Access, and Accuracy
Clear separation between document content and metadata is essential for accurate AI-driven eDiscovery. Without proper handling, legal teams risk flawed timelines, missed privilege indicators, and incomplete review.