Does your bring-your-own-device (BYOD) policy quietly wall-off the best evidence in your next case? A March 17, 2025 Special-Master ruling in Allergan, Inc. v. Revance Therapeutics, Inc. says it might—denying a motion to...more
Filing a motion for sanctions under Rule 37(e) requires a strong evidentiary foundation. But there's another factor that's just as critical — timing. Courts have broad discretion in how they handle sanctions, and...more
Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery.
In this riveting breakdown of...more
If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more
Litigators, take note—Rule 26(a) is not just a box to check in the early stages of discovery. Failing to comply with its initial disclosure requirements can have disastrous and expensive consequences, as U.S. Bank recently...more
The risks of self-collection in ediscovery continue to be a central theme in courts across the country. A decision from Magistrate Judge William Matthewman in the Southern District of Florida, EEOC v. M1 5100 Corp., serves as...more
Effective management of discovery disputes is critical in litigation, particularly as courts enforce stricter adherence to discovery deadlines. A recent decision in Valeo Schalter und Sensoren GmbH v. NVIDIA Corp. highlights...more
1/24/2025
/ Deadlines ,
Discovery Disputes ,
Dispute Resolution ,
Document Productions ,
Document Review ,
e-Discovery ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
Legal Technology ,
Litigation Strategies ,
Metadata ,
Strategic Planning ,
Witnesses
In today's fast-paced litigation landscape, electronically stored information (ESI) plays a critical role in shaping legal strategies and outcomes. Among the myriad sources of ESI, text messages have emerged as a critical...more
1/20/2025
/ Client Services ,
Discovery ,
Discovery Disputes ,
Document Productions ,
Document Review ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
Legal Project Management ,
Litigation Strategies ,
Redaction ,
Text Messages
A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more
1/15/2025
/ Attorney-Client Privilege ,
Client Services ,
Confidential Information ,
Discovery ,
Discovery Disputes ,
Document Review ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
In-House Perspective ,
Litigation Strategies ,
Privilege Logs ,
Walgreens
In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more
10/11/2024
/ Data Management ,
Data Preservation ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Evidence ,
Failure To Preserve ,
Federal Rules of Civil Procedure ,
Mobile Devices ,
Spoliation ,
Text Messages
In Moore v. Garnand, Inc. (July 3, 2024), the importance of metadata in ediscovery takes center stage. This case highlights why metadata isn’t just a technical detail but a vital piece of evidence in litigation. Metadata,...more
The importance of early planning and thorough preservation of electronic data cannot be overstated, especially when it comes to litigation. In a recent case, Two Canoes LLC v. Addian Inc. (April 30, 2024), the failure to...more
A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided...more
6/28/2024
/ Data Collection ,
Data Management ,
Data Preservation ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Failure To Preserve ,
Federal Rules of Civil Procedure ,
Mobile Devices ,
Spoliation ,
Text Messages
United States Magistrate Judge Sean Flynn’s recent decision in Byte Fed., Inc. v. Lux Vending LLC, is another in a long line of cases enforcing the 2015 amendments to the Federal Rules requiring specificity in objections to...more
5/24/2024
/ Client Representation ,
Compliance ,
Data Preservation ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Evidence ,
Federal Rules of Civil Procedure ,
Scope of Discovery Requests
Hyperlinked files within electronic communications pose three significant challenges in ediscovery that had been previously unanswered by a thorough judicial analysis: 1) whether a hyperlinked file is an “attachment” that...more
In the realm of litigation, the management of electronically stored information (ESI) is a pivotal component that can significantly influence the trajectory and outcome of a case. The recent ruling in Doe LS 340 v. Uber...more
[Editor’s Note: This article has been republished with permission. It was originally published January 18, 2024 on the eDiscovery Assistant Blog] In Episode 129 of Case of the Week, Kelly Twigger of eDiscovery Assistant...more
1/25/2024
/ Data Collection ,
Data Preservation ,
Discovery ,
Document Productions ,
Document Review ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
Patent Infringement ,
Third-Party Service Provider