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Changing the Forum for a Motion to Quash a Subpoena
Learn how a federal district court changed the forum for a motion to quash a subpoena from the district where compliance is required to the district where the action is pending.
March’s Notable Cases and Events in E-Discovery
Recent e-Discovery Court Rulings You Should Know written by Sidley Austin’s Tom Paskowitz each month. Get the latest on crucial e-discovery decisions. This Sidley Update covers form or forms of production, deposition testimony, clawback rulings...
Ninth Circuit – – Don’t Destroy Relevant Texts
In Jones v. Riot Hosp. Grp. LLC, the Ninth Circuit upheld serious consequences for the deletion of text messages in litigation. This case reminds us of the critical importance of preserving electronically stored information (ESI)....
Privilege Logs: New Techniques to Achieve Proportionality – The “Certification Log”
Michael Berman reviews The Sedona Conference, Commentary on Privilege Logs (Feb. 2024, Public Comment Version)(citing Rule 29) alongside the EDRM Privilege Log Protocol: Version 2.0(2023) and advocates a trust but verify methodology.
Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions
A recent case highlights the importance of clearly demonstrating “intent to deprive” to secure sanctions under Rule 37(e)(2). In Boshea v. Compass Marketing, Inc., the court denied sanctions despite the possible destruction of relevant evidence,...
No More “Masters”?
Long ago, when my wife, Patricia, and I were looking for a house, we abandoned the term “master bedroom” in favor of “main bedroom.” Bloomberg Law reports that: The American Bar Association is asking the...
Do “Evasive and Incomplete” Discovery Responses Support Draconian FRCP 37(d) Sanctions?
In Ogunsula v. Warrenfeltz, 2024 WL 298984 (D. Md. Jan. 25, 2024), the Court recognized a split of authority and addressed the interplay between Rule 37(a)’s maxim that “evasive and incomplete” discovery responses are deemed a...
Public Comments on Proposed 5th Circuit A.I. Rule
In Attys Split On 5th Circ.’s Proposed AI, Accuracy-Check Rule – Law360 (Jan. 30, 2024), Lauren Berg reported on the current status of a 5th Circuit proposed A.I. rule.1 Ms. Berg’s article stated that reactions “span from one...
Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark
[Editor’s Note: EDRM is proud to publish the Hon. Ralph Artigliere’s (ret.) advocacy and analysis. The opinions and positions are Judge Artigliere’s (ret.) January 26, 2024 © Ralph Artigliere. As a former Florida trial lawyer...
Defendant Who Participated in Text Message Exchange Was Not Prejudiced by Disclosure on the Eve of Trial
This article analyzes ‘Pointer v. State’ and late evidence disclosure in criminal trials, its impact on defendant’s rights and legal procedures. It also explores Maryland’s rules on civil discovery as opposed to criminal discovery in...
Failure to Object to Untimely Interrogatories Coupled With a Discovery Violation Leads to Reversal
In Discovery Violation Requires New Civil Rights Trial Against Cop (bloomberglaw.com)(Jan. 3, 2024), Mr. Bernie Pazanowski reported on Morgan v. Tincher, No. 21-2060, __ F.4th __ (4th Cir. Jan. 3, 2024). In short, plaintiff filed untimely interrogatories. Defendant responded without objecting...
Michael Berman’s Top Blogs of 2023
Michael Berman published 108 blog articles in 2023, including: How to Read a Load File More on “Modern Attachments,” “Pointers,” or Hyperlinked Documents – Humpty Dumpty and “Usability” Possession, Custody, or Control – Part II...