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All Metadata is Not Equal – Court Orders Narrower Request

June 17, 2025

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...

Blog Articles, Case Law, In the News, Lawyers Duties, Metadata, Recent News, Rules
Michael D. Berman

“Diligent Search,” But No Responsive Data Is Insufficient Response

June 9, 2025

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...

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules, Technology
Michael D. Berman

Obstructionist Discovery is Called Out by Court

May 30, 2025

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...

Blog Articles, Case Law, In the News, Recent News, Rules
Michael D. Berman

No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal

May 29, 2025

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...

Blog Articles, Case Law, In the News, Recent News, Rules
Michael D. Berman

Profanity and Threats Are Not a “Good Faith” Conference

May 20, 2025

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...

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Marris Hoffee, Michael D. Berman

Another Text Message String Case

May 19, 2025

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.

Case Law, In the News, Metadata, Recent News, Rules, Technology
Marris Hoffee, Michael D. Berman

“This Was a Collective Debacle”

May 14, 2025

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...

AI, AI Ethics, Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Michael D. Berman

ESI Protocol Should Define “Documents” and Address Redaction Based on Irrelevancy

May 13, 2025

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...

Blog Articles, Case Law, In the News, Recent News, Rules
Michael D. Berman

April 2025 HSR Rebound: Regulatory Shifts, Tariff Tensions, and M&A Impacts

May 12, 2025

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.

Blog Articles, In the News, Partner News, Recent News, Rules
Rob Robinson

Court Held That an ESI Protocol Applied Only to ESI

May 12, 2025

In Skeans v. Atlantic Marine, the court clarified that an ESI Protocol governs only electronically stored information, not non-ESI materials, thereby requiring a separate privilege log timeline for non-ESI. It also addressed inadequate interrogatory responses...

Blog Articles, Case Law, In the News, Recent News, Rules
Michael D. Berman

The History of E-Discovery is Both Interesting and Important

April 28, 2025

This article traces the evolution of e-discovery from early amendments to the Federal Rules of Civil Procedure through landmark cases, influential thought leaders, and foundational frameworks like the Sedona Principles and EDRM. It highlights how...

Blog Articles, Case Law, In the News, Recent News, Rules
Michael D. Berman

Evergreen Employee Training on Legal Hold Data Preservation: A Modern Organizational Necessity

April 28, 2025

The evolving data landscape demands that organizations implement and maintain evergreen legal hold training programs to mitigate legal risk, enhance data security, and foster a culture of compliance. This article outlines when and why such...

Blog Articles, In the News, Partner News, Recent News, Rules
Team Redgrave LLP
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