Rules
← Back to Blog
Search
Authors
Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction
In Matter of City of Hagerstown, the Appellate Court of Maryland held that a plaintiff’s failure to disclose photos did not justify their exclusion as a discovery sanction, finding minimal prejudice.
Fed.R.Civ.P. 26(g) Was Violated by Permitting Client Searches With Minimal Oversight by Counsel
A court ruling in Grullon v. Lewis held that allowing clients to self-collect discovery with minimal attorney oversight violates Rule 26(g), highlighting the need for counsel’s active involvement.
Privilege Log Deemed Partially Inadequate
In Gilbane Bldg. Co. v. School Bd. of Broward County, the court addressed six privilege log disputes, offering practical guidance on adequacy, role identification, email threads, and subject descriptions in discovery.
All Metadata is Not Equal – Court Orders Narrower Request
The Court in Heym v. APG Housing emphasized the need for proportionality in eDiscovery, denying a blanket metadata request and urging targeted production aligned with Maryland’s ESI Principles. The decision also addressed the scope of...
“Diligent Search,” But No Responsive Data Is Insufficient Response
The EEOC prevailed in discovery disputes against Mia Aesthetics by presenting factual support, challenging vague claims of a “diligent search” for responsive data. The court emphasized that specificity and documented efforts are required to meet...
Obstructionist Discovery is Called Out by Court
The court in Craig v. Cornerstone Trading Grp. criticized the City of Richmond’s discovery practices, deeming them obstructionist and rejecting its objections as disingenuous. The ruling emphasized the need for transparent and cooperative discovery in...
No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal
In Wenzler v. U.S. Coast Guard, the court denied a sanctions motion related to the deletion of text messages on two government phones, ruling that no relevant evidence was lost. The decision also upheld Wenzler’s...
Profanity and Threats Are Not a “Good Faith” Conference
In Milne v. ProAll, the court denied a motion for discovery sanctions due to plaintiffs’ failure to meet good faith conference requirements, highlighting profanity, threats, and aggressive conduct. The case underscores the critical role of...
Another Text Message String Case
In Milne v. ProAll, the court denied a motion to compel further text message production, affirming that speculative claims and perceived format challenges are insufficient without concrete evidence of non-compliance with ESI protocols.
“This Was a Collective Debacle”
In Lacey v. State Farm, the use of AI-generated content in legal briefs without proper verification resulted in significant judicial sanctions. The Special Master emphasized collective responsibility, underscoring the need for attorney oversight when using...
ESI Protocol Should Define “Documents” and Address Redaction Based on Irrelevancy
We the Protestors, Inc. v. Sinyangwe highlights the need for precision in ESI Protocols, particularly regarding the definition of a “document” and redactions for irrelevance. The court’s analysis underscores that redactions must be explicitly agreed...
April 2025 HSR Rebound: Regulatory Shifts, Tariff Tensions, and M&A Impacts
April 2025 saw a notable rebound in Hart-Scott-Rodino transactions following a March downturn, influenced by new regulatory requirements and U.S. tariff policies. This analysis highlights the implications for cybersecurity, information governance, and eDiscovery professionals.