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Your Policy, Your Problem: Company Policies Often Define the Limits of Employee Privacy
As personal and professional use of devices intertwine, recent rulings show courts leaning heavily on employer policies to define employee privacy rights. The Yu Yu Lim case underscores how vague or permissive policies can create...
Second Requests Settle In: HSR Data Points to a New Normal in M&A Scrutiny
Second Requests are no longer rare. With HSR filings stabilizing and billion-dollar deals rising, FY 2024 data confirms deep antitrust scrutiny is the new normal for M&A—demanding scalable, secure eDiscovery and information governance responses.
What Connects “Popcorned Planet” and Ms. Blake Lively?
Blake Lively wins a discovery battle as the court denies Popcorned Planet’s privilege claims, ruling its YouTube content must be produced in her defamation suit.
Decision on 557 Requests for Admission in Blake Lively v. Wayfarer Parties/Justin Baldoni
In a discovery dispute over 557 requests for admission, the court found the Wayfarer Parties’ objections meritless but granted a short extension to aid in resolving the case fairly.
An “ESI Protocol” is Not a Rule 26(f) “Discovery Plan”
The Federal Rules mandate a discovery plan under Rule 26(f), but not an ESI Protocol. Understanding this difference is critical for defensible and compliant discovery practices.
How Much Attention Does a Big Case Deserve?
Using Lively v. Wayfarer Studios as a case study, this post examines how major lawsuits strain already overburdened federal judicial caseloads.
Discovery Milestones Are Not a “Blank Check”
A producing party’s vague assurances to provide discovery documents “later” were found meaningless by the court in Estate of Wright v. County of Stanislaus. The case underscores that discovery deadlines are binding, not flexible guidelines,...
Did the 2015 Deletion of “Not Reasonably Calculated” From Rule 26(b)(1) Change the Scope of Discovery?
Did deleting “reasonably calculated” from Rule 26(b)(1) change the scope of discovery? A 2025 case clarifies the amendment’s intent and impact.
Does a Subject-Matter Waiver “Snowball” Into a Wholesale Waiver of Privilege Under a “Newfangled Theory”?
In U.S. v. Jones, the court rejected both overly broad and narrow interpretations of privilege waiver and explicitly denied the government’s “cumulative waiver” theory as contrary to Federal Rule of Evidence 502.
Document Correlation
A federal court finds that producing ESI with proper metadata may fulfill Rule 34(b)(2)(E)(i) requirements, eliminating the need for document correlation in many cases.
Order Prohibiting Upload of Confidential Discovery Documents to Artificial Intelligence (“AI”)
A federal court barred uploading confidential discovery materials to AI, raising key eDiscovery and confidentiality issues for future Rule 26(f) discussions.
When Must a Motion to Compel Be Filed? – Part 4
Courts may deny motions to compel even if filed before discovery closes. Feit Electric v. CFLT highlights that delays, even within discovery, can render such motions untimely. Strategic planning and local rules are key.