News & Analysis as of

Electronically Stored Information Witnesses

Minerva26

One Court's Novel Approach to Addressing the Gap Between Search Term Hits and Produced Documents

Minerva26 on

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

EDRM - Electronic Discovery Reference Model

Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

In Reddick v. State, __ Md. App __, 2024 WL 4633506 (Apls. Ct. Md. Oct. 31, 2024), the intermediate appellate court addressed an important issue of authentication of surveillance video by a lay witness. That witness was...more

EDRM - Electronic Discovery Reference Model

An Epilog: 4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in...

I have posted five blogs – – with links below – – on In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293 (N.D. Cal. Feb. 20, 2024), subsequent opinion, 2024 WL 1808607 (N.D....more

U.S. Legal Support

AI’s Role in Deposition Preparation & Analysis

U.S. Legal Support on

There’s no denying it—artificial intelligence is changing the legal landscape. Generative AI and the use of machine learning promise to boost efficiency and reduce prep time through multiple phases of litigation.  For...more

Esquire Deposition Solutions, LLC

The Power of Depositions

Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion...more

EDRM - Electronic Discovery Reference Model

Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video

Can a witness authenticate a video if the video contains images that the witness did not see?  In Md. Supreme Court to rule on Baltimore criminal case involving video authentication – Maryland Daily Record...more

Fox Rothschild LLP

New Demands for Disclosure Impact Employment Litigation in California

Fox Rothschild LLP on

Parties in California state court employment lawsuits and other actions may now deploy a potent new discovery tool. New demands for disclosure may be used in employment litigation and other lawsuits, with exceptions, filed in...more

EDRM - Electronic Discovery Reference Model

Lawyer Refused to Appear on Camera in Virtual Deposition

In Client escapes sanction for lawyer’s refusal to appear on camera in Zoom deposition (abajournal.com)(Jan. 25, 2024,), Debra C. Weiss reported on Agnone v. Agnone, 2024 WL 242488 (Cal. App., 2d Dist., Jan. 23,...more

EDRM - Electronic Discovery Reference Model

If You’re Going to Coach a Witness and Misrepresent it to the Court, Turn Off the Recorder

In Hernandez v. La Fortaleza, Inc., 2024 WL 65217 (N.J. Super. Ct. App. Div. Jan. 5, 2024)(per curiam), plaintiffs’ slip and fall claim was dismissed with prejudice, and attorneys’ fees were also awarded, due to improper...more

Rivkin Radler LLP

Administrative Order 141/22 Brings More Changes to New York’s Uniform Civil Rules

Rivkin Radler LLP on

On July 1, 2022, Administrative Order 141/22 (“AO 141/22”) became effective, revising many of the previous changes to New York’s Uniform Civil Rules (“Uniform Rules”) made by Administrative Order 270/20 (“AO 270/20”),...more

Kilpatrick

Deposition Packs: What are They and How Can They Help Legal Teams Prep for Depositions?

Kilpatrick on

“What we have here is failure to communicate.” That is the classic line from the 1967 movie Cool Hand Luke, and while a lack of communication in preparing deposition packs will not lead to the same consequences as befell Paul...more

Esquire Deposition Solutions, LLC

Deposing Forensic Experts and Former Employees Regarding ESI - Part III

Trial counsel’s ability to make skilled use of electronically stored information is often outcome-determinative in modern litigation. ESI, however, can be difficult to locate within an opponent’s often sprawling computer...more

Esquire Deposition Solutions, LLC

Deposing the Custodians of Electronically Stored Information (ESI) - Part II

Electronically stored information, a critical category of evidence in nearly all non-trivial legal disputes, is usable only to the extent that it can be located, authenticated, and described with foundational evidence that...more

Esquire Deposition Solutions, LLC

The Five Types of Depositions That Flow from Obtaining ESI and E-Discovery - Part I

Litigation counsel today routinely engage with large quantities of digital evidence, often with case outcomes turning on the advocate’s success at unearthing or preserving relevant electronically stored information (ESI). As...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide