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Court Held That an ESI Protocol Applied Only to ESI
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...
The History of E-Discovery is Both Interesting and Important
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...
Evergreen Employee Training on Legal Hold Data Preservation: A Modern Organizational Necessity
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...
Discovery Rulings in Abrego-Garcia v. Noem Deportation Case
In Abrego-Garcia v. Noem, Judge Xinis overruled most U.S. government objections to discovery, citing bad faith and noncompliance with court orders. The decision mandates expedited and detailed responses, including privilege logs and specific factual disclosures.
An ESI Protocol Saved the Day for the Discovering Party
In a key discovery ruling, the Eastern District of New York emphasized the power of an ESI Protocol in compelling compliant document production. The court ordered reproduction of unsearchable PDFs and rejected the excuse of...
HSR Filings Fall Sharply in March 2025, Lowest Monthly Total Since Early Pandemic
In March 2025, HSR filings plummeted to 89—marking a five-year low—as new FTC and DOJ regulations introduced stricter reporting standards, higher thresholds, and increased fees. Legal challenges and market uncertainty have further contributed to this...
Order Granting In Camera Review of Work Product Claim
In Hall v. Baltimore Police Dept., the court authorized in camera review of documents from the Mid-Atlantic Innocence Project to resolve disputes over opinion versus fact work product protection. The decision emphasizes proper privilege assertions...
Motion to Compel Searching of BYOD Devices – Defendant’s Information Governance Policy Determined Outcome
In Allergan v. Revance, the court denied a motion to compel searches of employee BYOD devices, citing Revance’s clear policies limiting access and control. The ruling emphasizes how well-defined governance policies can influence discovery outcomes.
No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad
In Hall v. Baltimore Police Dept., the court applied an exception to the privilege log requirement where discovery demands were overbroad and burdensome. This article examines how courts weigh categorical objections and privilege claims in...
“It Ends With Us”
In Lively v. Wayfarer Studios, the court addressed the scope and intrusiveness of subpoenas issued by Blake Lively for phone records. While modified, the subpoenas were deemed overly broad and intrusive, leading to a partial...
Should Discovery be Stayed Pending Ruling on Dispositive Motion?
In Hernandez v. Event Tickets Center, Inc., the court rejected a stay of discovery pending a dispositive motion, emphasizing its discretion and the need to weigh litigation efficiency against potential prejudice. The court applied a...
ESI Protocol Not Yet Entered as an Order Was Binding, But it Was Not a Fed.R.Civ.P. 34 Request
The court in Orlando Health v. HKS Architects found the ESI Protocol binding even though it wasn’t entered as a court order. However, it denied a motion to compel based solely on the protocol, emphasizing...