Rules

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...

Changing the Forum for a Motion to Quash a Subpoena

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”

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,...