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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Tales of Late Productions and Remedies
Document review can be a complex process with high risk of extensive motion practice if[…]
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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,[…]
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To Use Search Terms Before or After Predictive Coding
Here is a simple question with a complex answer: Should search terms be used before[…]
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Search Term and Form of Production Dispute, but Let’s Not Forget How Predictive Coding Can Help
If there is a maximum with electronically stored information, parties can fight over basic searches[…]
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Failure to Launch a Protective Order to Stop a 30(b)(6) on Responding to Requests for Production
Rocket ships are fun. Disputes over settlement payments that result in an insured suing their[…]
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Remember to Object if a Party Producing ESI as 15 PDFs Equaling 35,000 Pages
Every lawyer has seen productions of electronically stored information that is one massive PDF comprising[…]
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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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To Use Search Terms Before or After Predictive Coding
Here is a simple question with a complex answer: Should search terms be used before or after predictive coding? That question was the subject of dueling motions in In re Allergan Biocell Textured Breast Implant Prods. Liab. Litig. (D.N.J. Oct. 25, 2022, No. MDL No. 2921) 2022 U.S.Dist.LEXIS 200790, at[…]
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Search Term and Form of Production Dispute, but Let’s Not Forget How Predictive Coding Can Help
If there is a maximum with electronically stored information, parties can fight over basic searches and production formats. These problems often could be reduced, if not eliminated, by retaining a computer forensic expert for collecting responsive data. This is one of those cases where the producing party also wanted to[…]
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Failure to Launch a Protective Order to Stop a 30(b)(6) on Responding to Requests for Production
Rocket ships are fun. Disputes over settlement payments that result in an insured suing their insurance company are less fun. The discovery dispute focused on the insurance carrier and its collection of the reimbursement requests. The Plaintiff sought discovery related to its bad faith claims, which the Defendants objected to[…]
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Remember to Object if a Party Producing ESI as 15 PDFs Equaling 35,000 Pages
Every lawyer has seen productions of electronically stored information that is one massive PDF comprising hundreds of email and attachments. Many attorneys greet the frustration of having to review such a production in balancing the cost of a motion to compel against the couple of hours it can take to[…]
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State the Form of Production in Discovery Requests
It is a good practice to state the form of production of production in the request for production. Consider the following words of wisdom: Both Federal Rule of Civil Procedure 26(f) and this Court’s January 16, 2018 Order Setting Rule 16 Conference (ECF No. 9) required the parties discuss during[…]
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Joint Statement on eDiscovery
Court orders are not known for giving out gold stars for handling electronic discovery. If there is a court order, it is usually because of a dispute. There is a big exception to this maxim: Electronic Discovery Case Management Orders. The parties in MSR Tr. v. Nationstar Mortg., filed a[…]
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