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When AI Policies Fail: The AI Sanctions in Johnson v. Dunn and What They Mean for the Profession
The Johnson v. Dunn case marks a turning point in judicial tolerance for AI citation errors. Despite clear firm policies and experienced counsel, the court imposed severe sanctions, signaling that only individual verification, not institutional...
Court’s Use of a Special Master to Assist EEOC in Obtaining Discovery from Defendant
A Kansas court appointed a Special Master in EEOC v. Genesh, Inc. to resolve electronic discovery disputes, signaling a firm stance on procedural fairness.
Local Rule Prohibiting Definitions in Interrogatories Without Leave of Court
The District of Nebraska prohibits definitions in interrogatories without prior court approval, as highlighted in Payne v. Geer. This contrasts with Maryland and other jurisdictions that provide structured, permissible definitions to streamline discovery. The debate...
Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute
In Bouie v. Alzayadi, the court issued a pointed order detailing discovery ground rules, emphasizing cooperation and warning of sanctions for noncompliance.
Decision on How to Best Search for ESI – Court Orders ESI Protocol in “Epic of Dysfunctional Discovery,” With Unique Clawback Provision
In a discovery battle over $24 million in damages, the court imposed an ESI protocol in Everlast Roofing v. Wilson, mandating cost sharing, TAR-based sampling, and a unique clawback for irrelevant documents—highlighting the perils of...
GENIUS Act Signed Into Law: A Game Changer for Legal Discovery and Information Governance
President Trump’s signing of the GENIUS Act introduces sweeping regulatory changes for stablecoins, redefining how legal professionals approach discovery, compliance, and information governance in blockchain-based environments.
Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?
A Nevada federal court ordered a forensic exam after finding bad faith discovery conduct in PlayUp v. Mintas. The decision explores when forensic inspections are justified under Rule 34(a)(1).
Don’t Rush Past Relevance: Assessing the Discoverability of AI Prompts and Outputs
As AI becomes a staple in workplace tools, courts and counsel must evaluate whether AI-generated prompts and outputs meet legal thresholds for relevance, proportionality, and privacy in discovery.
No Sanctions for Breach of Duty to Preserve Video, Due to Lack of Prejudice
In Hobson v. Harper, the court found that while the defendants negligently failed to preserve surveillance video, sanctions were unwarranted due to lack of prejudice and the footage’s irrelevance to plaintiff’s discovery requests.
Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated
In Cordero v. Stemilt, the Ninth Circuit vacated a restrictive protective order that barred plaintiffs’ counsel from using discovery materials in other advocacy, ruling that the district court failed to show good cause or specific...
The “Best Time” to File a Spoliation Motion
This article explores the legal nuances of spoliation motion timing, highlighting the risks of premature or delayed filings. It also offers a proactive framework using ESI Protocols and discovery plans.
Application of Work-Product Doctrine to Materials Prepared Years After Incident
The Hall decision explores whether documents prepared decades after a criminal conviction, as part of post-conviction representation, qualify as protected work product. It emphasizes timing and substantial need in distinguishing between fact and opinion work...