News & Analysis as of

Discovery

Marshall Dennehey

Failure to Comply with Discovery Order Results in Dismissal with Prejudice and Monetary Sanctions

Marshall Dennehey on

Robert Hayes, et al. v. Aegis Capital, FINRA Case #22-02854 - Six claimants asserted causes of action for suitability, churning, failure to supervise, breach of fiduciary duty, breach of contract, unauthorized trading,...more

Marshall Dennehey

Complex Claimant Scenario Leads to $1 Million Judgment for Plaintiffs

Marshall Dennehey on

Douglas Davis, et al. v. JRL Capital Corporation, et al., FINRA Case #22-01426 - In a case stemming from alleged losses from GWG L Bonds, two out of six claimants had their claims dismissed with prejudice as a sanction for...more

Cimplifi

Going Mobile: The Current Landscape of Mobile Device Discovery

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There is no doubt that mobile devices have become a constant in our daily lives. We take them everywhere and we can’t seem to live without them, even for a few short hours. In fact, you may be reading this very blog on your...more

Rumberger | Kirk

A Quick Note Regarding Surveillance Reports in Florida

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In Florida, if you want to use surveillance footage at trial, you have to provide a copy to the plaintiff beforehand. After you provide the footage, the plaintiff might seek to compel the private investigator’s report as...more

Farrell Fritz, P.C.

Think Outside the Jurisdiction: International Discovery is Obtainable with the Assistance of the Commercial Division

Farrell Fritz, P.C. on

Every commercial litigator is familiar with the burdens at the discovery phase of litigation, whether it is a dispute over production, privilege, or just the sheer volume and cost (both time and money) associated. Be that as...more

EDRM - Electronic Discovery Reference Model

Court-Ordered Production of a “Destruction/Unavailable” Log

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

Stoel Rives LLP

The Importance of Staying Organized for Discovery

Stoel Rives LLP on

Most companies, hopefully, have a low risk of litigation. However, when litigation is unavoidable, it is important to be as prepared as possible to mitigate expenses and potential liability. Discovery—the process of...more

Lighthouse

eDiscovery Needs Digital Forensics for a Mobile World

Lighthouse on

From the rapid advancements in the capabilities of mobile devices to our increasingly digital workplaces, how we communicate is less standardized and more complex. This has major implications for eDiscovery and demands a...more

Association of Certified E-Discovery...

[Webinar] Negotiating the Scope of E-Discovery: Proportionality and Pre-Trial Preparation in Complex Litigation - November 1st,...

As the cost associated with e-discovery continues to rise, the focus on proportionality has become much more common. This presentation will offer best practices for engaging in proportionality discussions and successfully...more

Association of Certified E-Discovery...

Tips for Paralegals and Litigation Support Professionals – September 2024

9/2/2024 BatchGuru – Transform Metadata in Relativity - BatchGuru from vdiscovery and Nikolai Pozdniakov’s Hashtaglegal, is a set of tools to be used in a Relativity workspace which helps you easily transform metadata in...more

Esquire Deposition Solutions, LLC

Courts Sort Through Deposition Format Spats

The post-pandemic litigation environment has seen a rising desire to conduct depositions remotely and a diminishing opposition to remote proceedings. Where litigators do insist on in-person proceedings, those cases are...more

EDRM - Electronic Discovery Reference Model

Changing the eDiscovery Burnout Blueprint: Practical Solutions to Address Failing Mental Wellness in the eDiscovery Industry

The eDiscovery community is experiencing a mental health crisis that can and should be solved by senior stakeholders who control the economic foundations of our industry. Poor mental health has a number of potential taproots;...more

McGuireWoods LLP

The Bad News and Good News About Litigation Holds and Work Product Claims

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Some courts understandably conclude that the anticipation of litigation that can assure work product protection also requires the litigant to impose a litigation hold on pertinent documents. Perhaps that is not a perfect...more

McDermott Will & Emery

Don’t Tread on Illinois’ Absolute Litigation Privilege

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Addressing when Illinois law’s “absolute litigation privilege” bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment finding that the plaintiff lacked a valid...more

EDRM - Electronic Discovery Reference Model

Loneliness Pandemic: Can Empathic AI Friendship Chatbots Be the Cure?

Harvard and Wharton Study Answers Questions of Whether AI Friendship Chatbots Reduce Loneliness Better Than…? Watching television? … Yes! Chatting with AI is a better antidote to loneliness than watching YouTube videos....more

EDRM - Electronic Discovery Reference Model

[Webinar] Scary Important eDiscovery Case Law Decisions for October - October 31st, 1:00 pm - 2:00 pm ET

Afraid you won’t be up to date on important case law? Our October 2024 monthly webinar of cases covered by the eDiscovery Today blog will remove all your fears! During the webinar we will discuss disputes related to relevance...more

Amundsen Davis LLC

When Compliance May Not Be Enough: Takeaways From a $462 Million Missouri Verdict

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A Missouri jury recently entered a $462 million product liability verdict against trailer manufacturer Wabash National Corporation. The 2019 underride accident occurred when the driver, with a blood alcohol level over the...more

EDRM - Electronic Discovery Reference Model

[Webinar] Using Generative AI to Reengineer Investigation and Discovery Workflow - October 30th, 1:00 pm - 2:00 pm ET

Generative AI is revolutionizing legal investigations and discovery workflow in ways we never thought possible–until recently. Join us on October 30th at 1 pm ET for a groundbreaking EDRM webinar that explores the...more

Integreon

Even GenAI Needs a Mother and Other Takeaways From My Week on the Road

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The last few weeks have been busy, full of face-to-face meetings that have left me energized and inspired. While our new remote world offers countless benefits, more flexibility, and increased collaboration across time zones,...more

Cimplifi

Are Search Terms Obsolete? The Future of Search in eDiscovery

Cimplifi on

In the ever-evolving landscape of legal technology, the sole reliance on traditional search terms is rapidly becoming outdated. The legal field has long depended on keyword searches to sift through vast amounts of documents....more

Association of Certified E-Discovery...

Pricing: Compare, Contrast, Decide, Repeat

Many of you have been in the position to “do the math” on eDiscovery vendors. It used to be more complicated, then almost everyone went to gigabyte pricing models. But hear us out – it might be worth looking at something that...more

Association of Certified E-Discovery...

[Webinar] The Future is Today: Part 2 - AI Innovation at OpenText - October 29th, 10:00 am PDT

This year, OpenText rolled out a bevy of cutting-edge LLM-powered eDiscovery features to help transform investigations, document review, privacy, and compliance projects. Our newest innovation is live today: Aviator Review...more

Association of Certified E-Discovery...

[Event] Spine-Chilling Discovery Tales - October 30th, Columbus, OH

Join ACEDS-Ohio and Consilio for a Roundtable of Scary Stories from the Trenches & Networking! This spooky event will feature bone-chilling tales from the world of eDiscovery. Come meet industry experts, network with...more

Bradley Arant Boult Cummings LLP

Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege

Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme...more

Farrell Fritz, P.C.

Playing Nice in the Litigation Sandbox

Farrell Fritz, P.C. on

I think it’s fair to say that Commercial Division judges have little time for discovery disputes.  If one peruses the individual practice rules of many of the ComDiv judges, one typically finds language all but prohibiting...more

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