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Agreement in ESI Protocol to Provide a “Metadata-Only” Privilege Log Was Enforced
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court enforced an ESI Protocol that called for a “metadata-only” privilege log, even though the producing party redacted...
Mediation of Discovery Disputes by Court’s Law Clerk?
Judicial law clerks mediating discovery disputes offer an informal resolution method, but concerns about confidentiality and mediator qualifications persist. Explore how different courts handle discovery disputes and potential alternatives.
The Standard for In Camera Review of Assertedly Privileged Documents
In Willoughby v. Govt’. Employees Insurance Co., 2024 WL 3183860 (M.D. Fl. June 26, 2024), the court explained the standard governing requests for in camera review. While there were several motions and cross-motions, on the in camera review issue, the court...
The Federal “Official Information” Privilege
Explore the complexities of the federal “official information” privilege, as demonstrated in Hipschman v. County of San Diego, 2024 WL 3206909 (S.D. Cal. June 26, 2024). This case highlights the privilege’s application and requirements, offering...
Recent Example of a Valid Effort to “Meet and Confer” to Resolve Discovery Disputes
Explore how the Jenkins v. Miller case exemplifies the necessary efforts to meet and confer in good faith to resolve discovery disputes, underscoring the importance of cooperation as required by local and federal rules.
Designation of “Work Product” Supports Inference of Intentional Spoliation
Stuart v. County of Riverside, 2024 WL 3086634 (C.D. Cal. Jun 14, 2024) emphasizes the importance of specifically designating “work product” protection in a privilege log as it can indicate intentional spoliation if evidence is...
Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II
Michael Berman writes about an eDiscovery dispute gone wrong, highlighting the judge’s colorful language in expressing his displeasure. He highlights how bad behavior on other rules or norms can impact how the judge views the...
Navigating a Shifting Landscape
Kate Halloran interviewed Dr. Maura R. Grossman for the magazine, Trial, a publication of the American Association for Justice (AAJ). The EDRM blog is publishing an excerpt. At the end of this post, the entire...
5 Tips for Mastering Compliance with the EU AI Act
Artificial Intelligence (AI) is transforming industries by automating tasks, providing insights, and enhancing decision-making. However, as AI systems become more integrated into business processes, ensuring their ethical use and compliance with regulations is crucial. The...
Garden Variety: Byte Fed. v. Lux Vending
In light of Byte Fed., Inc. v. Lux Vending LLC. and the opinion issued by United States Magistrate Judge Sean Flynn from the Middle District of Florida on May 1, 2024, Craig Ball looked at “garden...
Sanction for Dropbox Rummaging Affirmed
Michael Berman writes about a rare appellate decision upholding a six figure sanction against both attorneys and parties regarding eDiscovery “self-help” where opposing counsel gets a link to a folder that contains potentially confidential and...
Maryland’s New and Improved Unreported Opinion Rule Does Not Go Far Enough
Michael Berman looks at whether, how and for what purpose unreported opinions can be cited in the state of Maryland court system. He previews the Respondent’s Brief in Mooney v. State, No. 0032, Sept. Term, 2023.