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Discovery Disputes Evidence

EDRM - Electronic Discovery Reference Model

Takeaways From Felder v. MGM National Harbor

​​​​​​​Felder v. MGM National Harbor, LLC, 2024 WL 3690779(D. Md. Aug. 7, 2024)(Simms, J.), addresses several important issues. First, in Felder, the Court ordered the parties to conduct a “meet and confer” session.  That,...more

EDRM - Electronic Discovery Reference Model

August’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published August 21, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

EDRM - Electronic Discovery Reference Model

A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations

In US Dominion, Inc. v. Byrne, 2024 WL 3792654 (D.D.C. Aug. 13, 2024), violations of protective orders led to disqualification of counsel. The court began its decision by stating:  “This case arises out of the 2020 U.S....more

EDRM - Electronic Discovery Reference Model

July’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published July 24, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II

It is not auspicious when a court writes: “The court notes that, from time to time, in contentious cases like this one, courts have ordered that the parties record – by video or court reporter – their Local Rule 37.2...more

EDRM - Electronic Discovery Reference Model

May’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published May 15, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for May - May 30th, 1:00 pm - 2:00 pm ET

Our latest six eDiscovery case law rulings MAY be our best ever! See what I did there? Our May 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to prolonged lack of cooperation in...more

EDRM - Electronic Discovery Reference Model

4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in One Case

In one of the opening paragraphs of In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293, at *1 (N.D. Cal. Feb. 20, 2024), the court wrote: At the hearing, the Court...more

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

Sometimes Discovery Disputes Do Not Bring Out the Best in Us.

That is what makes the recent decision in M1 Holdings, Inc. v. Members 1st Fed. Credit Union, 2024 WL 182220 (N.D. Ill. Jan. 17, 2024), interesting.  Both of the disputing litigants were ordered to state under oath that they...more

Latham & Watkins LLP

French Supreme Court: Unfairly Obtained Evidence Can Be Admissible in Civil Litigation

Latham & Watkins LLP on

Amid the continued expansion of the right to evidence, the court reversed its previous position that evidence obtained through unfair methods was inadmissible. When asked to re-examine the relationship between the right...more

Epiq

2023 eDiscovery Case Law Review

Epiq on

January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more

EDRM - Electronic Discovery Reference Model

December’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 21, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Carlton Fields

Second Circuit Affirms Schwab Victory in FINRA Arbitration

Carlton Fields on

The Second Circuit Court of Appeals recently affirmed a decision confirming an arbitration award in favor of Charles Schwab & Co. over allegations of discovery abuses that purportedly rendered the arbitration proceeding...more

Association of Certified E-Discovery...

Are Search Terms Useful for Social Media and Mobile Device eDiscovery?

[Editor’s Note: This article has been republished with permission. It was originally published November 9, 2023 on the eDiscovery Assistant Blog] In Episode 123, CEO and Founder of eDiscovery Assistant, Kelly Twigger,...more

EDRM - Electronic Discovery Reference Model

“Self Help” Discovery in Someone Else’s Dropbox is Held to be Sanctionable

“A trial-level judge in New York has sanctioned [attorneys’ name deleted] for ‘rummaging’ through the Dropbox of its litigation opponent after a third-party vendor accidentally revealed the link in discovery.” D. Cassens...more

EDRM - Electronic Discovery Reference Model

Court Uses an Informal Discovery Procedure to Hold That Untimely Objections Were Waived, and Answers to Interrogatories...

[EDRM Editor’s Note: This article was first published here on November 1, 2023 and EDRM is grateful to Michael Berman, for permission to republish. The opinions and positions are those of Michael Berman.] In three recent...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for October 2023 - October 24th, 1:00 pm - 2:00 pm ET

“We all go a little mad sometimes” – for eDiscovery case law! Our October 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses forensic protocol negotiation and scope, sanctions for plaintiff in Bob...more

Association of Certified E-Discovery...

Technocat Tidbits: What are the Rules for eDiscovery?

In the beginning, there was paper. And lots of it. Seriously warehouses stacked with banker’s boxes as far as the eye could see. And the Federal Rules of Civil Procedure were designed to support paper discovery in the...more

EDRM - Electronic Discovery Reference Model

Using Special Masters and Discovery Mediators to Avoid and Resolve Discovery Disputes

Federal and state rules of civil procedure are intended to secure the just, speedy and inexpensive determination of every action. However, one activity that can thwart that goal is discovery, because the discovery process is...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for July 2023 - August 1st, 1:00 pm - 2:00 pm ET

Justice delayed isn’t justice denied for eDiscovery case law disputes! Our July 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including custody and control of a personal Google...more

Saiber LLC

District of New Jersey Grants Broad Sanctions, Stops Short of Dismissal, for Willful Withholding of Relevant Photos

Saiber LLC on

On April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct. ...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for June 2023 - June 27th, 1:00 pm - 2:00 pm ET

Break the summertime blues with some red-hot eDiscovery case law disputes! Our June 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a case where discovery is “like watching...more

Marshall Dennehey

Sometimes Discovery Disputes Can Be Interesting

Marshall Dennehey on

Key Points: The distinction between security video and surveillance video is important. Preservation of all possible video is critical to avoiding spoliation claims....more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for February 2023 - February 14th, 1:00 pm - 2:15 pm ET

February 14th is for lovers – of unique and interesting eDiscovery case law disputes! Our February 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including declaration of a...more

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