“Birth Video” Discovery Dispute in Lively v. Wayfarer Studios/Baldoni
Blake Lively wins partial motion over discovery of birth video footage in her lawsuit against Wayfarer Studios. The court orders production but denies sanctions.
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“Discovery on Discovery” Ordered After Amazon’s Flawed Implementation of Litigation Hold
A federal court ordered Amazon to disclose litigation hold notices and preservation efforts in a COVID-19 price gouging case, finding significant gaps and delays in its ESI preservation.
Rule 37(e)(1) Sanctions for Breach of Duty to Preserve Communications
A Maryland court imposed Rule 37(e)(1) sanctions against a plaintiff for failing to preserve key Facebook and text message communications, providing the jury with a special instruction on the spoliation.
Deepfakes Uncovered – iPhone 6 Could Not Have Captured the A.I.-Generated Evidence
A California court in Mendones v. Cushman and Wakefield found that key video and image exhibits were GenAI deepfakes. Metadata and platform inconsistencies, plus an implausible claim that an iPhone 6 on iOS 12.5.5 used Apple Intelligence, led the court to impose terminating sanctions and dismiss the action with prejudice.
Reasonable or Overreach? Rethinking Sanctions for AI Hallucinations in Legal Filings
When AI-generated hallucinations appear in court filings, how should judges respond? A new four-pillar framework proposes principled, proportional sanctions to protect the justice system without overreach.
Sanctions for Loss of ESI Imposed Under Court’s Inherent Power After Privilege Log is Used to Determine the Date that the Duty to Preserve Was Triggered
In Jimenez v. Hyatt Corp., the court imposed sanctions based on its inherent power after a privilege log revealed that the Plaintiff anticipated litigation earlier than claimed, triggering a duty to preserve ESI.
Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute
In Bouie v. Alzayadi, the court issued a pointed order detailing discovery ground rules, emphasizing cooperation and warning of sanctions for noncompliance.
Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video
The District of Maryland in Moore v. WMATA denied spoliation sanctions despite finding a breach of the duty to preserve video evidence. The ruling emphasized the need for concrete proof of relevance and prejudice.
“This Was a Collective Debacle”
In Lacey v. State Farm, the use of AI-generated content in legal briefs without proper verification resulted in significant judicial sanctions. The Special Master emphasized collective responsibility, underscoring the need for attorney oversight when using AI tools in litigation.
How Not to Conduct a Meet and Confer or Comply With an ESI Protocol
IIn 777 Partners, LLC v. Leadenhall Capital Partners LLP,, the court entered an order denying plaintiff’s motion to compel supplemental document discovery and closing discovery.
While other issues were addressed, two are discussed in this blog.
First, the court criticized both parties for failing to comply with the letter and spirit of the ESI Protocol; and,
Second, it wrote that: “The meet and confers engaged in by the parties’ counsel are textbook examples of how not to conduct a meet and confer.”
ESI Protocol Deemed Controlling
The Morse decision highlights the risks of failing to comply with a court-ordered ESI Protocol. Courts may enforce such agreements strictly, but timely motions for modification can provide relief.
Cross-Motions to Compel in Employment Lawsuit
In Cooper v. Baltimore Gas and Electric Co., the court addressed cross-motions to compel, ordering forensic examinations of ESI, determining cost allocation, and emphasizing the importance of accurate discovery responses. This case highlights the evolving complexity of electronic discovery in employment litigation.