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October HSR reported transactions edge up to 202 as fiscal 2027 opens below last year’s pace
Reported premerger transactions ticked higher in October, but fiscal 2027 began at a slower pace than the year before it. The Federal Trade Commission’s Premerger Notification Office logged 202 reported transactions in October 2026 under...
Both Parties Misunderstood the ESI Protocol Regarding Production From Personal Email Accounts
Often, people write what they mean and mean what they write. However, in Flybar, Inc. v. Express Trade Capital, Inc., 2026 WL 3231635 (S.D.N.Y. Oct. 28, 2026), “the Court disagrees with both parties’ reading of...
An ESI Protocol is Not a Shield Against Discovery Obligations – Is There a Duty to “Fess Up?” – Part III
Plaintiff’s argument that an ESI Protocol limited its discovery obligations was squarely rejected in CR Legal Team, LLP v. Carruthers & Roth, P.A., 2026 WL 3135943 (M.D. N.C. Oct. 20, 2026). It was insufficient for...
When a Redacted Document Was Used to Prepare a Witness, Only the Redacted Document Needs to Be Produced in Discovery
Plaintiff Mr. Corkery filed an emergency motion to amend or remove redactions to a document that he planned to use in an upcoming deposition. He also sought a privilege log for the redactions, “if any...
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...
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...
“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...