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Dilatory Objections to Corporate Designee Topics Were Too Late; “Blanket” De-Designation Request Was Denied
The court in U.S. v. Novo Nordisk rejected Washington’s untimely objections to Rule 30(b)(6) deposition topics and denied a blanket request to de-designate confidential documents. The ruling led to Washington’s failure to specify overbroad topics...
Court-Ordered Production of a “Destruction/Unavailable” Log
In Leprino Foods Co. v. Avani Outpatient Surgical Center, the court compelled the production of a “destruction/unavailable” log. This decision raises questions about the necessity and practicality of such logs in discovery and the need...
Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent
In GLD3, LLC v. Albra, plaintiffs sought discovery from a former town attorney about an alleged quid pro quo offer regarding property development. The court denied the deposition but allowed a limited interrogatory, balancing privilege...
Discovery Dispute: “Both cannot be true.”
In the discovery dispute between Kranz & Associates and Lain, the court focused on Tekvantage’s inconsistent claims about the existence and production of documents, raising concerns about transparency in a trade secrets case.
What Objections May Be Raised to a Subpoena by a Non-Party?
In Trusted Sci. & Tech., Inc. v. Evancich, the Maryland Appellate Court clarified that non-parties can object to subpoenas on relevance, overbreadth, and undue burden. The decision underscores the importance of protecting non-party interests in...
“Boilerplate” Objections Are Generally Condemned; Except When They’re Not
Based on the facts presented, boilerplate objections, often condemned in legal proceedings for lack of specificity, were sustained in Jacobs v. The Journal Publishing Co. This highlights the nuanced application of discovery rules and the...
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...