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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...
Request for Broad “Apex” Executive Discovery Replaced by Phased Discovery Order
A federal court rejects broad apex executive discovery requests, instead ordering phased ESI production that balances proportionality, cost, and relevance under Rule 26.
Inadvertent Production of Work Product Did Not Waive Protection; However, Recipient Showed Substantial Need and Overcame That Protection
In Aerosonic LLC v. Joby Aero, Inc., the court held that inadvertent disclosure of work product did not waive protection under Rule 502 and the ESI Protocol. However, the receiving party demonstrated substantial need and...
Important A.I. Work Product and Protective Order Decision: Application to Pro Se Litigant and Beyond?
Can using AI in litigation stay protected, or does it risk exposing strategy? A new decision in Morgan v. V2X draws a careful line, protecting AI-assisted work product while placing real limits on how confidential...
Plaintiff Sold Her Cell Phone After Litigation Commenced
In Hernandez v. DiBiaso (N.D. Ill. Mar. 9, 2026), the court held that selling a cell phone after litigation began violated preservation duties under Rule 37(e). Although the loss of ESI caused prejudice, the court...
EEOC to Get a Fee Award for Defendants’ Discovery Failures
A federal court awarded the EEOC attorneys’ fees after repeated discovery failures by defendants, emphasizing Rule 26(g) certification duties, Rule 37 sanctions, and the importance of diligent ESI searches and timely production.