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A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations
Violations of protective orders disqualified counsel in US Dominion, Inc. v. Byrne. The court emphasized the severity of the misconduct, which included the unauthorized dissemination of confidential documents.
Felder Part 2 of 4: Defendant Sanctioned for Late Cancellation of Depositions
The defendant in Felder v. MGM National Harbor, LLC was sanctioned for canceling key depositions just before the discovery deadline, highlighting the court’s stance on fair play and proper notice in legal proceedings.
Felder Part 1 of 4: Court-Ordered Transcription of “Meet and Confer” Session
A court-ordered transcription of a meet-and-confer session in Felder v. MGM National Harbor highlighted the importance of documented negotiations in resolving discovery disputes and ensuring compliance with court orders.
Discovery of Surveillance Video is Permitted Only After Deposition of Plaintiff
In Kent v. Warner, the court ruled that surveillance videos should be disclosed only after the plaintiff’s deposition to balance the interests of privilege and the need for disclosure. The court also rejected the plaintiff’s...
“Attachments to Attorney-Client Communications May Be Withheld as Privileged, Without an Independent Basis for Privilege,” But….
In Linet Americas v. Hill-Rom Holdings, the court ruled that attachments to attorney-client communications can be withheld as privileged without needing an independent basis for privilege. This decision significantly impacts legal discovery practices and the...
July’s Notable Cases and Events in E-Discovery
This article highlights notable e-discovery cases and events from July 2024, including amendments to Local Rule 26.2(c) and key court decisions impacting e-discovery.
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...