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Scheduling Orders Are Mandatory; Vital to Caseload Management; and, Enforced Even Where Parties Got Themselves Into a “Pickle” by Dilatory Efforts to Cooperate
The EEOC v. Hooters decision stresses the importance of scheduling orders in civil litigation, citing that delays caused by lack of diligence can disrupt court dockets and other cases. The court denied an extension of...
The Problem of Deepfakes and AI-Generated Evidence: Is it time to revise the rules of evidence? – Part Two
This article examines proposals to amend the rules of evidence to better handle AI-generated evidence and deepfakes in court. With evolving AI technologies, legal experts debate whether current regulations are equipped to address authenticity and...
Self-Collection, Discovery About Discovery, and Curative Sanctions
EEOC v. Formel D USA, Inc. delves into key e-discovery issues such as self-collection, the role of counsel, and the implementation of litigation holds. The court’s findings emphasize the importance of active legal supervision in...
Data Collection by Cars with Connectivity
Cars with connectivity features, like Teslas in sentry mode, are collecting swaths of personal data. This article explores the privacy concerns, the legal landscape, and what consumers can do to protect their information.
The Problem of Deepfakes and AI-Generated Evidence: Is it time to revise the rules of evidence? – Part One
The federal courts face the challenge of deepfakes and AI-generated evidence. This article examines the proposed rule changes, including those by Judge Paul Grimm and Professor Maura Grossman, and discusses why the Evidence Rules Committee...
E-Discovery 101 – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained
This article discusses the court’s decision in Ho v. Jefferson Financial Credit Union (2024), where boilerplate objections were upheld due to the burdensome nature of the requests and the sufficient production of relevant documents, as...
Possession, Custody, or Control of Responsive Information by States Suing Meta
The Social Media Adolescent Addiction decision examines whether State Attorneys General hold legal control over state agency documents for discovery in a lawsuit against Meta, applying the “legal control” standard.
Privilege Waiver by: Disclosure to Therapist; and, in Rule 30(b)(6) Deposition Preparation
The court in Faulkenberry v. Austin ruled that disclosing attorney-client privileged information during therapy and using privileged documents to prepare for Rule 30(b)(6) depositions can result in a waiver of privileges.
Trust Me: Nothing in the Missing Video Would Have Helped You!
Klock v. Wal-Mart examines whether spoliation of video evidence occurred after a store manager claimed no video captured a slip and fall incident. The court ruled against sanctions, but this analysis questions whether the duty...
When Must a Motion to Compel Be Filed? – Part 2
Turner v. Apple highlights the risks of delaying a motion to compel, even during good faith negotiations. The case serves as a reminder that timely action is crucial in discovery, and parties should avoid letting...
Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol
The court in Orlando Health, Inc. v. HKS Architects rejected unopposed motions for a protective order and an ESI protocol, emphasizing the need for legal justification. This ruling follows standard court practices that encourage parties...
Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable
In Khan v. County of Cook (2024), the court allowed focused and proportionate discovery requests, likening them to an x-ray, while rejecting broader, less justified demands comparable to an MRI.