eDiscovery disputes happen in Federal and State cases across the country. In an unpublished New[…]
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Don’t Go Quiet If There Are Complex eDiscovery Problems
Judges want parties to solve complex eDiscovery problems with effective meet and confers. It is never a good idea for a producing party to go radio silent after agreeing to a production.
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eDiscovery Is More Than Requests for Production
Logically connecting special interrogatories and requests for production by subject matter can expedite drafting discovery responses.
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Adverse Inference Instructions for Deleted Signal Chat Messages
There is no shortage of duty to preserve cases. Issuing a litigation hold is a[…]
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Getting Mixed Up in Motions to Compel Text Messages Without Showing There is Missing ESI
Parties challenging a discovery production need more than a “feeling” ESI was not produced.
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Missing One Email in a Production is Not Grounds for a Default Judgment
There is a universal truth in discovery: perfection is not the standard for discovery responses.[…]
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Early Discovery on Third-Party to Identify Doe Defendant
Bringing a lawsuit against an individual known only by an Internet Protocol address raises a[…]
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Hearsay in Emails and Blog Posts
In litigation alleging employment discrimination under Title VII of the Civil Rights Act of 1964,[…]
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Meet and Confer Over Search Terms Before Bringing a Motion to Compel
eDiscovery disputes happen in Federal and State cases across the country. In an unpublished New York Court opinion, Judge Andrew Borrok denied a motion to compel production of search term hits as premature. Afc Agent LLC v. JG Holdco LLC, 2026 NY Slip Op 31064(U), 2 (Sup. Ct.). The Plaintiff[…]
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Don’t Go Quiet If There Are Complex eDiscovery Problems
Judges want parties to solve complex eDiscovery problems with effective meet and confers. It is never a good idea for a producing party to go radio silent after agreeing to a production.
Read more
eDiscovery Is More Than Requests for Production
Logically connecting special interrogatories and requests for production by subject matter can expedite drafting discovery responses.
Read more
Adverse Inference Instructions for Deleted Signal Chat Messages
There is no shortage of duty to preserve cases. Issuing a litigation hold is a universal constant in any lawsuit. Yet, what if individuals under a duty to preserve use messaging apps that automatically delete messages? The answer is a Court finding parties acted with the intent to deprive the[…]
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Getting Mixed Up in Motions to Compel Text Messages Without Showing There is Missing ESI
Parties challenging a discovery production need more than a “feeling” ESI was not produced.
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Missing One Email in a Production is Not Grounds for a Default Judgment
There is a universal truth in discovery: perfection is not the standard for discovery responses. This does not mean producing parties can throw caution to the wind for their Rule 26(g) obligations that a discovery response is complete and correct after a reasonable inquiry. However, one missing email is not[…]
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Early Discovery on Third-Party to Identify Doe Defendant
Bringing a lawsuit against an individual known only by an Internet Protocol address raises a very big issue: WHO do you sue? U.S. Magistrate Judge Mitch Dembin resolved that issue in Strike 3 Holdings, LLC v Doe, 2023 U.S. Dist. LEXIS 33562 (Feb 23, 2023). The case involved a plaintiff[…]
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Hearsay in Emails and Blog Posts
In litigation alleging employment discrimination under Title VII of the Civil Rights Act of 1964, the Court decided evidentiary issues over email and a blog post. Jones v. Sansom (D.Conn. Nov. 10, 2023, No. 3:21-cv-00442 (VAB)) 2023 U.S.Dist.LEXIS 202170. The number of motions in limine sound like an epic miniseries[…]
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Tales of Late Productions and Remedies
Document review can be a complex process with high risk of extensive motion practice if there is a mistake. Way back in my days in law school, document productions were not discussed in Civil Procedure. However, just as understanding personal jurisdiction, service of process, and venue, are the nuts of[…]
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Search Term Agreements Do Not Eliminate Relevancy Review
Searches terms are the beginning of collecting and identifying electronically stored information. Far from perfect, search terms are the kickoff for document review. Yes, email threading, deduplication, clustering, predictive coding, and other forms of technology-assisted review enable lawyers to not plow through ESI like it is a football stadium full[…]
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