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“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...
![An ESI Protocol Does Not [Necessarily?] Supersede the Discovery Rules, by Michael D. Berman, E-Discovery LLC.](https://edrm.net/wp-content/uploads/2026/07/Berman-Blog-An-ESI-Protocol-Does-Not-Necessarily-Supersede-the-Discovery-Rules.png)
An ESI Protocol Does Not [Necessarily?] Supersede the Discovery Rules
A federal court held that an ESI Protocol implements the Federal Rules rather than replacing them, rejecting a defendant’s argument that it could skip a plainly relevant custodian simply because he wasn’t named in the...
A.I. Protective Order—Again
Two recent Southern District of New York cases highlight a growing trend in discovery practice: protective orders that regulate how parties may use confidential discovery materials with AI tools. While not universal, these provisions increasingly...
If “Junk” is Responsive to Your Request, You Can’t Complaint About Getting “Junk”
In Alex v. City of Ann Arbor, the court rejected objections to PDF productions and alleged “junk” documents, holding that broad discovery requests often produce broad results.
EEOC v. Mia Aesthetics Clinic ATL, LLC – Round III
In EEOC v. Mia Aesthetics Clinic ATL, LLC – Round III, the court rejected reliance on routine document destruction policies as a shield against spoliation sanctions and held that deposition testimony is not an adequate...
EEOC’s Tenacious Pursuit of Discovery Bore Fruit
In EEOC v. GEM Management, LLC, the EEOC’s persistent pursuit of discovery led to a substantially granted motion to compel. The court criticized GEM’s ESI search methodology, custodial self-collection, form of production, Bates numbering, and...
Request for Expedited Discovery Granted; Motion to Stay Discovery Denied
A federal court in Ohio granted a plaintiff’s request for expedited discovery tied to a preliminary injunction motion while denying the defendants’ attempt to stay discovery pending resolution of a Rule 12(b)(6) motion to dismiss.
Motion for Reconsideration—It Does Not Exist—But It Is Routinely Entertained—On Limited Grounds
A Colorado federal court denied reconsideration in Stanisaveljevic v. The Standard Fire Ins. Co., finding that evidence already in a party’s possession but left unreviewed is not newly discovered. The opinion reinforces that discovery choices...
Incomplete ESI Protocol Negotiations Do Not Justify Delay in Production
In a recent case, the defendants opposed certain discovery. The court wrote: “Defendants also note that ‘the parties are still negotiating their joint agreement for ESI protocols’ and assert that he parties should not simultaneously be in...