Turner v. Apple highlights the risks of delaying a motion to compel, even during good faith negotiations. The case serves as a reminder that timely action is crucial in discovery, and parties should avoid letting negotiations drag on without seeking court intervention to prevent missed deadlines.
The court in Orlando Health, Inc. v. HKS Architects rejected unopposed motions for a protective order and an ESI protocol, emphasizing the need for legal justification. This ruling follows standard court practices that encourage parties to settle agreements privately.
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court enforced an ESI Protocol that called for a “metadata-only” privilege log, even though the producing party redacted parts of the metadata. The holding ultimately hinged on the text of the ESI Protocol and an unforced error by the defendants in failing to ask for information that the ESI Protocol permitted them to get. Defendants Hillrom challenged plaintiff Linet’s privilege log, alleging failure to provide sufficient information to assess the basis for specific privilege assertions.
Michael Berman analyzes In re StubHub Refund Litigation, 2924 WL 2305604 (N.D. Ca. May 20, 2024) where sanctions were denied regarding not producing hyperlinked documents otherwise known as modern attachments due to a "get out of jail free" clause in their ESI protocol.
This article examines the redaction provisions of the ESI Protocol from the recent Social Media Adolescent Addiction litigation, focusing on legal standards for redacting irrelevant, privileged, and confidential information and the procedural guidelines enforced by U.S. courts.
This article examines the "Humpty Dumpty" clause in ESI protocol within the Social Media Addiction lawsuit. It focuses on the challenges and strategies for handling electronic documents with hyperlinks, including the evidentiary issues they pose. It assesses the court's creative yet temporary solutions to these e-discovery and evidentiary issues.
In Re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, 2024 WL 1772832 (N.D. Cal. Apr. 23, 2024), resolved a dispute over so-called “modern attachments” based on impressive and comprehensive technical presentations by sophisticated experts. Michael Berman pulls the salient passages from the opinion and contrasts them with current practice of using and producing for legal purposes from Google Vault.
In the unusual context of a Delaware federal subpoena for discovery in a Spanish proceeding, a court ordered the parties“to meet and confer to discuss the scope of each request and to enter an agreed-upon ESI protocol and protective order.” In re Application of FourWorld…
[EDRM Editor’s Note: The opinions and positions are those of Craig Ball. This article is republished with permission and was first published on March 19, 2024.] I watched a webinar this morning where the presenters addressed ESI Protocols. They were well-informed people…