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Asking When Untimely Discovery Responses Will Be Provided Doesn’t Consent to an Extension
In Dochee v. The Methodist Hospitals, Inc., the court addressed discovery responses served six weeks to two months late. Although it viewed Defendants’ failure to seek an extension or timely respond with disfavor, the court...
6 time management tips for lawyers handling ediscovery
Lack of time was the most commonly cited individual challenge in Nextpoint’s 2026 eDiscovery Landscape Survey, named by 41% of respondents. Elizabeth Guthrie shares six practical ways lawyers can reclaim time on eDiscovery-heavy matters by...
Dispute over A.I. Protective Order
In U.S. v. Thomas, defense counsel and the Government disputed proposed protective-order restrictions governing the use of AI in discovery. The court declined both to compel production of purportedly non-sensitive Rule 16 discovery and to...
The Case of the Missing Lab Notebooks
In Terran Biosciences, Inc. v. Compass Pathfinder Limited, defendants sought sanctions over missing physical lab notebooks in a trade secrets dispute. The court found sanctions unwarranted because defendants failed to establish that the notebooks were...
“Court Sanction for Plaintiff’s Use of Prompt-Injection”
A Connecticut court sanctioned a self-represented litigant for repeatedly concealing AI prompt-injection instructions in court filings. In Elliott v. New York Bariatric Group, LLC, the court distinguished the familiar risk of unreliable AI output from...
How Does an “Attorney’s Eyes Only” Order Apply to an Unrepresented Party?
A New York federal court ordered that Attorney’s Eyes Only material produced in redacted form to an unrepresented defendant must come with a detailed redaction log, so they can meaningfully decide whether to challenge the...
Condominium Construction Defect Litigation Leads to Search and Custodian Rulings
Michael D. Berman examines a Vermont federal court’s order requiring a condominium association to disclose its keyword search methodology in detail, while rejecting a developer’s bid to force ESI collection from every current and former...
An Attorney-Client Communication Advising Spoliation is Not Privileged
Michael D. Berman examines a ruling that advice to spoliate evidence is not privileged, though the court found no actual destruction because both pre- and post-advice versions of Meta’s disputed documents survived and were ordered...
“Ten depositions are too few for this case…. But twenty-seven depositions is too many….”
A federal court in a LinkedIn subscriber class action alleging monopolization split the difference between the parties’ deposition requests, holding that being a document custodian isn’t enough on its own to justify a deposition.
Why Private Copies Are the Next Privacy Risk Frontier
Sheila Grela examines how unofficial, duplicative private copies saved on laptops, in email threads, and across collaboration platforms create privacy, discovery, and breach exposure that formal governance systems fail to track, drawing on the updated...
Two Debatable Holdings
Michael D. Berman examines a S.D.N.Y. discovery order requiring production of every document that hits an agreed search term, without a responsiveness review, and questions whether the ruling reaches beyond the scope allowed under Rule...
Drafting RFPs for Robots to Read
With producing parties increasingly letting large language models make first-pass relevance calls, this piece argues that requests for production should be drafted as prompts and demonstrates this approach using the Dominion Voting Systems v. Fox...