In Milne v. ProAll, the court denied a motion to compel further text message production, affirming that speculative claims and perceived format challenges are insufficient without concrete evidence of non-compliance with ESI protocols.
We the Protestors, Inc. v. Sinyangwe highlights the need for precision in ESI Protocols, particularly regarding the definition of a “document” and redactions for irrelevance. The court's analysis underscores that redactions must be explicitly agreed upon or judicially approved.
In a key discovery ruling, the Eastern District of New York emphasized the power of an ESI Protocol in compelling compliant document production. The court ordered reproduction of unsearchable PDFs and rejected the excuse of overproduction as a sign of transparency.
In Allergan v. Revance, the court denied a motion to compel searches of employee BYOD devices, citing Revance's clear policies limiting access and control. The ruling emphasizes how well-defined governance policies can influence discovery outcomes.
This article examines key missteps in Wilbert v. Pyramid Healthcare, where the plaintiff’s insistence on recording a Rule 26(f) conference and imposing a “mandatory” ESI plan were deemed improper. The court's order highlights the necessity of cooperation and proportionality in ESI protocol negotiations.
A recent court decision in In Re: Uber Technologies, Inc. Passenger Sexual Assault Litigation addresses the ongoing discovery disputes over hyperlinked documents in ESI. The ruling clarifies metadata obligations and raises evidentiary concerns regarding the usability of hyperlinked materials in litigation.
The Campbell v. Aberdeen FCU decision underscores the dangers of self-help discovery in litigation. The court struck improperly obtained evidence and reaffirmed that litigants must follow ethical guidelines rather than resorting to extralegal means.
November's notable e-discovery cases featured rulings on TAR protocols, search term validation, proportionality in custodian designations, and privacy in forensic evaluations. Learn how these decisions impact litigation strategies.
Effective eDiscovery negotiation is essential for modern legal practice, fostering cooperation, reducing costs, and achieving better outcomes.
EEOC v. Formel D USA, Inc. delves into key e-discovery issues such as self-collection, the role of counsel, and the implementation of litigation holds. The court's findings emphasize the importance of active legal supervision in electronic discovery to avoid curative sanctions.
Cars with connectivity features, like Teslas in sentry mode, are collecting swaths of personal data. This article explores the privacy concerns, the legal landscape, and what consumers can do to protect their information.