In Abrego-Garcia v. Noem, __ F.R.D. ___, 2025 WL 1166402 (D. Md. Apr. 22, 2025)(Xinis, J.), plaintiffs notified the Court of “seemingly intractable discovery disputes….” The case is before the District Court after the United...more
4/23/2025
/ Attorney-Client Privilege ,
Department of Homeland Security (DHS) ,
Deportation ,
Discovery ,
Discovery Disputes ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
Government Agencies ,
Motion to Compel ,
Privileged Communication ,
SCOTUS
By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more
2/20/2025
/ Attorney-Client Privilege ,
Data Collection ,
Data Preservation ,
Discovery ,
Duty to Preserve ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Legal Technology ,
Litigation Strategies ,
Privilege Logs ,
Privileged Documents
In Stuart v. County of Riverside, 2024 WL 3086634, at *3 (C.D. Cal. Jun. 14, 2024), the District Court found a relationship between work product designations and triggering of the common-law duty to preserve....more
I have never heard of a “destruction/unavailable” log; however, in the comprehensive – indeed, exhaustive – decision of Leprino Foods Co. v. Avani Outpatient Surgical Center, Inc., 2024 WL 4488711 (C.D. Ca. Sep. 30, 2024),...more
10/18/2024
/ Attorney-Client Privilege ,
Discovery ,
Document Destruction ,
Document Productions ,
Document Review ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Motion to Compel ,
Privilege Logs ,
Privileged Communication
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more
8/7/2024
/ Attorney-Client Privilege ,
Data Preservation ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronic Communications ,
Electronically Stored Information ,
Evidence ,
Metadata ,
Privilege Logs ,
Privileged Communication
In Kyle Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. 2024), the court wrote that it “would prefer this case not go to the dark place where attorneys on one side demand that the attorneys on the other side provide...more
In Rullan v. Goden, 2024 WL 1191600 (D. Md. Mar. 20, 2024), the Hon. J. Mark Coulson construed a Fed.R.Civ.P. 45 motion to quash or modify a subpoena, which would have been heard in New York, as a Fed.R.Civ.P. 26(c) motion...more
In ‘Rust’ Armorer’s Phone Snafu Shows Risks Of Texting Clients – Law360 (Feb. 13, 2024), Phillip Bantz wrote: “A legal dust-up over compromised text messages between a movie prop weapons expert and her lawyer in the ‘Rust’...more
2/21/2024
/ Attorney-Client Privilege ,
Cell Phones ,
Data Preservation ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Legal Ethics ,
Privileged Communication ,
Public Records ,
Text Messages