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October HSR reported transactions edge up to 202 as fiscal 2027 opens below last year’s pace
Reported premerger transactions ticked higher in October, but fiscal 2027 began at a slower pace than the year before it. The Federal Trade Commission’s Premerger Notification Office logged 202 reported transactions in October 2026 under...
“Will Courts Enforce Protective Order Restrictions on AI Use?”
In a recent post, Phil Favro asked Will Courts Enforce Protective Order Restrictions on AI Use? (Favro Law Sep. 29, 2026). I have reviewed a lot of these orders, but Phil’s suggestion is one I...
Negligent Failure to Preserve Does Not Trigger Fed.R.Civ.P. 37(e)(2) Sanctions
In a prior blog, “When Was the Duty to Preserve Triggered in an Employment Dispute?,” I discussed the facts and trigger analysis in Alsayiri v. Crucial MRO, LLC, 2026 WL 3315271 (S.D. Ill. Nov. 3, 2026)....
When Was the Duty to Preserve Triggered in an Employment Dispute?
In this employment litigation, Plaintiff, Mr. Alsayiri, moved for spoliation sanctions and to compel production. The motion was granted in part, after a detailed analysis of when the duty to preserve was triggered. Alsayiri v. Crucial...
Pre-Suit Motion to Preserve Evidence Granted, With a Calculated Risk
General Motors filed a Fed.R.Civ.P. 27 motion to preserve evidence that “could” be involved in an as-yet unfiled lawsuit. The motion centered on parts of a vehicle that had been involved in a fatal collision....
Supermarket freezer attacks reach at least six European countries, and the record linking them to US base failures stays thin
A freezer at a Selver supermarket in Estonia was remotely set to 50 degrees Celsius early Monday, Nov. 2, and its stock survived because the store’s refrigeration partner responded within 10 minutes. Stores in at...
Both Parties Misunderstood the ESI Protocol Regarding Production From Personal Email Accounts
Often, people write what they mean and mean what they write. However, in Flybar, Inc. v. Express Trade Capital, Inc., 2026 WL 3231635 (S.D.N.Y. Oct. 28, 2026), “the Court disagrees with both parties’ reading of...
Dynamite Discovery Blasted by Court
Courts have a great way of making a point. Plaintiffs call this a fishing expedition. In part, I agree. The subpoenas demand a large share of documents in Plaintiffs’ control for the last ten years....
Honest Error – No Sanctions, But a Penalty
Faced with an honest error in submitting a motion with inaccurate citations, the court did not impose sanctions but held that it would not consider the replacement authorities.
Court Denies Motion to Prohibit Use of GenAI by Opponents
A court recently addressed Defendants’ Joint Motion for an Order Prohibiting the Use of Generative AI. The Defendants relied on Fed. R. Civ. P. 11 and the court’s common-law inherent authority to support their motion...
When is an In-Person Deposition Warranted? When Credibility of a Fleeing Felon is in Issue
Defendants sought an order compelling an in-person deposition or, in the alternative, dismissal of the case. Plaintiff asked for a virtual deposition. Defendants prevailed.
Schrödinger’s Cat Goes to Court, Part Two: The Cat, the Gavel, and the New Age of Quantum Law
At the end of Part One, Schrödinger’s Cat had left the box, crossed from the laboratory into the courtroom, and, with a little artistic license, acquired counsel. The image was whimsical. The transition was not....