Mobile data is increasingly central to modern eDiscovery, with courts confronting complex issues of privacy, preservation, and proportionality. This article explores landmark cases and recent rulings that demonstrate the evidentiary power and legal implications of smartphone data.
Florida’s 2025 civil procedure rule amendments introduce mandatory case management, proportionality in discovery, and initial disclosure requirements. These reforms, modeled after federal standards, aim to streamline litigation, reduce delays, and enhance judicial efficiency. Practitioners must adjust to stricter deadlines, conferral mandates, and revised trial continuance rules.
The Zarfati court mandated a robust ESI protocol after the Defendant failed to propose alternatives, stressing the importance of cooperation and transparency in discovery.
The court in Rouse v. H.B. Fuller Co. rejected a request for “rolling discovery,” emphasizing that such practices violate prior rulings on temporal limits and proportionality in discovery. This case underscores the importance of adhering to clear court-imposed boundaries in legal discovery.
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.
In Dale v. Deutsche Telekom AG, the court ruled that adding three additional in-house counsel to a list of 50 custodians for discovery would be disproportionate to the needs of the case. The court emphasized the burdens of privilege review and dismissed the motion as excessive.