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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...
November’s Notable Cases and Events in E-Discovery
November’s notable e-discovery cases featured rulings on TAR protocols, search term validation, proportionality in custodian designations, and privacy in forensic evaluations. Learn how these decisions impact litigation strategies.
Keeping the Temperature Just Right for Effective eDiscovery Negotiations
Effective eDiscovery negotiation is essential for modern legal practice, fostering cooperation, reducing costs, and achieving better outcomes.
What “Expenses” Can a Non-Party Recover for Complying with a Discovery Subpoena?
A recent decision in OL Private Counsel, LLC v. Olson examines the recovery of expenses by non-parties complying with discovery subpoenas under Rule 45. While significant expenses for document production may be reimbursed, deposition costs...
Generative AI and eDiscovery – Adoption in the Courts – Part 2
Generative AI’s role in eDiscovery is expanding beyond document disclosure, with applications in data analysis, deposition prep, and mock trials. Judicial insights highlight its promise and pitfalls in the courts.
Privilege Objections Denied Without Prejudice
In a recent ruling, the court denied TEDCO’s privilege objections for lack of specificity, underscoring that blanket claims cannot shift the burden of proof to the court. However, TEDCO may refile supported objections after a...
“Reasonably Calculated to Lead to Discovery of Admissible Evidence”
Rig Consulting, Inc. v. Rogers addresses the enduring influence of the “reasonably calculated to lead to discovery” standard despite the 2015 amendment to Fed.R.Civ.P. 26(b)(1). This well-reasoned decision reiterates the importance of relevant, proportional discovery...
Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?
The intersection of marking documents as “work product” and the common-law duty to preserve raises critical implications for litigation holds. In cases like Stuart v. County of Riverside, courts have inferred a link between work...
Implications of the €310 Million LinkedIn Fine for GDPR Compliance
The €310 million fine against LinkedIn by Ireland’s Data Protection Commission reinforces GDPR’s impact and raises key compliance considerations for tech companies. This ruling underscores the need for robust data processing protocols that align with...
Dilatory Objections to Corporate Designee Topics Were Too Late; “Blanket” De-Designation Request Was Denied
The court in U.S. v. Novo Nordisk rejected Washington’s untimely objections to Rule 30(b)(6) deposition topics and denied a blanket request to de-designate confidential documents. The ruling led to Washington’s failure to specify overbroad topics...
Court-Ordered Production of a “Destruction/Unavailable” Log
In Leprino Foods Co. v. Avani Outpatient Surgical Center, the court compelled the production of a “destruction/unavailable” log. This decision raises questions about the necessity and practicality of such logs in discovery and the need...