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EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for May 2025 - May 28th, 1:00 pm - 2:00 pm ET

eDiscovery case law disputes are racing toward us! In our May 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to certification of production and discovery errors,...more

EDRM - Electronic Discovery Reference Model

ESI Protocol Should Define “Documents” and Address Redaction Based on Irrelevancy

We the Protestors, Inc. v. Sinyangwe, 348 F.R.D. 175 (S.D.N.Y. Dec. 18, 2024), makes several important points about the relationship between ESI Protocols and redaction of produced documents....more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for March 2025 - March 20th, 1:00 pm - 2:00 pm ET

No need for blarney, we have six great cases! In our March 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to sanctions over spoliated video evidence, quashing subpoenas of...more

EDRM - Electronic Discovery Reference Model

Li. v. Merck Addresses: Trigger; Spoliation Discovery; and, Document Unitization

In Li v. Merck & Co., Inc., 2025 WL 429013 (N.D. Cal. Feb. 7, 2025), the court addressed a number of discovery disputes in a lawsuit by a terminated employee against her former employer....more

Association of Certified E-Discovery...

Understanding the Dominant Purpose Test for Determining Whether Privilege Applies

In complex litigation, understanding when a document is protected by attorney-client privilege can be challenging, especially when privilege issues arise in multidistrict litigation (MDL) like the In re Uber Technologies,...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for November 2024 - November 21st, 1:00 pm - 2:00 pm ET

Ready for more case law discussion? You’ll be thankful for the cases we’re discussing in our November 2024 monthly webinar of cases covered by the eDiscovery Today blog! During the webinar we will discuss disputes related to...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

EDRM - Electronic Discovery Reference Model

Scheduling Orders Are Mandatory; Vital to Caseload Management; and, Enforced Even Where Parties Got Themselves Into a “Pickle” by...

The decision in EEOC v. Hooters of America, LLC, __ F. Supp. 3d __, 2024 WL 4362863 (M.D. N. Car. Oct. 1, 2024), opens with the court’s statement that: The parties jointly ask to extend the discovery deadline and continue...more

EDRM - Electronic Discovery Reference Model

September’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published September 25, 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...more

EDRM - Electronic Discovery Reference Model

Possession, Custody, or Control of Responsive Information by States Suing Meta

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. Cal. 2024), applies the “legal control” standard to Fed.R.Civ.P. 34 discovery...more

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

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

Agreement in ESI Protocol to Provide a “Metadata-Only” Privilege Log Was Enforced

In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court enforced an ESI Protocol that called for a “metadata-only” privilege log, even though parts of the metadata were...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

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

There’s No Right or Wrong Answer – But There Are Mistakes

In Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. Apr. 3, 2024), the court wrote that “it would be in the parties’ interest to reach a negotiated result. It should not be forgotten that a party could be ‘right,’ but...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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April - April 23rd, 1:00 pm - 2:00 pm ET

No one else can “eclipse” our coverage of eDiscovery case law! Our April 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to relevance and privacy of an unpublished autobiography,...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

EDRM - Electronic Discovery Reference Model

Procedures to Avoid, and Promptly Resolve, Discovery Disputes in the District of Maryland

Parties can live with a good call or a bad one, but they need the balls and strikes called promptly.   The United States District Court for the District of Maryland has established several processes for avoiding discovery...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

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