Federal Rules of Civil Procedure, Electronically Stored Information, Employment Litigation

“Diligent Search,” But No Responsive Data Is Insufficient Response

EDRM - Electronic Discovery Reference Model on 6/9/2025

In EEOC v. Mia Aesthetics Clinic ATL, LLC, No. 1:24-CV-3407-MLB-AWH (N.D. Ga. May 30, 2025), the EEOC prevailed on several discovery disputes. It prevailed because its attorneys did their homework and supported their...more

No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal

EDRM - Electronic Discovery Reference Model on 5/29/2025

In Wenzler v. U.S. Coast Guard, 2025 WL 1445805 (Mar. 20, 2025), Wenzler alleged that he had been disenrolled from the voluntary U.S. Coast Guard Auxiliary based on his speech on social media. Wenzler unsuccessfully asserted...more

BYOD Battle Lines: What Allergan v. Revance Teaches About Discovering Evidence on Employees’ Personal Phones

Minerva26 on 4/24/2025

Does your bring-your-own-device (BYOD) policy quietly wall-off the best evidence in your next case? A March 17, 2025 Special-Master ruling in Allergan, Inc. v. Revance Therapeutics, Inc. says it might—denying a motion to...more

How Failing to Meet and Confer Effectively Can Lead to Sanctions

Minerva26 on 4/7/2025

If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more

How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded

EDRM - Electronic Discovery Reference Model on 3/25/2025

In Wilbert v. Pyramid Healthcare, Inc., 2025 WL 873947 (W.D. Pa. Mar. 20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery…....more

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

EDRM - Electronic Discovery Reference Model on 2/26/2025

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