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Civil Procedure Rules Can Change for the Better- But It Takes Work
The Hon. Judge Ralph Artigliere lays out the path followed in tn the most recent changes to the Florida Rules of Civil Procedure, which included looking closely at the Federal Rule of Civil Procedure on...
May’s Notable Cases and Events in E-Discovery
This Sidley Update examines recent eDiscovery decisions from various U.S. District Courts, focusing on privilege logs, forensic examinations, and spoliation sanctions rulings. These cases highlight evolving standards and expectations in eDiscovery.
ABA Formal Opinion on Lawyer Use of Listservs
The ABA said that lawyers must not disclose any client-related information on listservs without informed consent, as per Formal Opinion 511, reinforcing the confidentiality required under ABA Model Rule 1.6.
8 Lessons Learned – Part IV – Disclosure of Recipients of Litigation Hold Notices
A significant ruling in the Social Media Addiction case has determined that fundamental information about individuals who receive litigation hold notices should not be withheld. This decision is crucial, as it challenges established beliefs regarding...
8 Lessons Learned – Part III – Redaction Provision of ESI Protocol
This article examines the redaction provisions of the ESI Protocol from the recent Social Media Adolescent Addiction litigation, focusing on legal standards for redacting irrelevant, privileged, and confidential information and the procedural guidelines enforced by...
8 Lessons Learned – Part II – “Hit” Report Provision of ESI Protocol
In this second installment of Berman’s 8 Lessons Learned, we delve deeper into the essentials of ESI protocols, examining their application in the Social Media Adolescent Addiction case. This segment underscores the vital role of...
8 Lessons Learned – Part I – The “Humpty Dumpty” Clause of ESI Protocol
This article examines the “Humpty Dumpty” clause in ESI protocol within the Social Media Addiction lawsuit. It focuses on the challenges and strategies for handling electronic documents with hyperlinks, including the evidentiary issues they pose....
4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in One Case
According to the ruling in the Social Media Adolescent Addiction/Personal Injury Products Liability Litigation case, specific ESI protocols are crucial to ensure that electronically stored information is handled correctly. The court also determined that the...
There is Difference Between a Discovery-Based Daubert Exclusionary Ruling and a Discovery Sanction
In the recent case of Asokere v. Waldrop, the Appeals Court closely examined the effects of changing sworn expert testimony between deposition and Daubert hearings. This examination revealed essential differences between Daubert exclusionary rulings and...
There’s No Right or Wrong Answer – But There Are Mistakes
In Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. Apr. 3, 2024), the court wrote that “it would be in the parties’ interest to reach a negotiated result. It should not be forgotten that a...
April’s Notable Cases and Events in E-Discovery
Gain insights on e-discovery with an analysis of U.S. court rulings on spoliation sanctions and electronic data management. This month’s notable cases cover reasonably useful forms of production and when intent can be inferred from...
Sometimes Discovery Disputes Do Not Bring Out the Best in Us.
In the recent decision in M1 Holdings, Inc. v. Members 1st Fed. Credit Union, 2024 WL 182220 (N.D. Ill. Jan. 17, 2024), interesting, both of the disputing litigants were ordered to state under oath that they...