Plaintiff’s offensive motion for sanctions in Oakley v. MSG Networks, Inc., 2025 WL 2076080, at *1 (S.D.N.Y. July 23, 2025)(“Oakley II”), was no match for defendants’ earlier request for sanctions in Oakley v. MSG Networks, Inc., 2025 WL 2061665, at *1 (S.D.N.Y. July 23, 2025)(“Oakley I”). In Oak| E-Discovery LLC
In this alleged wrongful termination and retaliation case, a “whistleblower” complaint was dismissed and monetary sanctions were also imposed. Pable v. Chicago Transit Authority, __ F. 4th __, 2025 WL 2102202 (7th Cir. Jul. 28, 2025). The appellate court affirmed sanctions against both an attorne| E-Discovery LLC
In Equal Emp. Opportunity Comm'n v. Genesh, Inc., No. 24-2445-DDC-ADM (D. Kans. Jul. 18, 2025) (“Genesh IV”), after several rulings adverse to Genesh, the court appointed a Special Master to facilitate the plaintiff EEOC’s discovery from the defendant, Genesh, Inc. THE UNDERLYING CLAIMS “Genesh II| E-Discovery LLC
The Hon. Paul W. Grimm (ret.) has written about the organized Bar’s duty to support the judiciary from unwarranted attacks. OpEd: Legal Profession Must ‘Speak Out’ Against Unfair Attacks (duke.edu)(Oct. 24, 2023). I have echoed Judge Grimm’s message. I Hear Crickets From the American Bar As| E-Discovery LLC
The Hon. Paul W. Grimm, a retired U.S. District Judge, wrote an article, The Judiciary Is Under Attack. Lawyers Have a Duty to Defend It (bloomberglaw.com)(Oct. 24, 2023). As Judge Grimm points out, here in Maryland a Circuit Court Judge was murdered in his driveway last week. While no one has b| E-Discovery LLC
Thanks to Sidley Austin for publishing a blog on Ravin Crossbows, LLC v. Hunter’s Manufacturing Company, Inc., 2024 WL 3253265 (E.D. Ohio July 1, 2024), August’s Notable Cases and Events in E-Discovery | Insights | Sidley Austin LLP (Aug. 21, 2024) and August’s Notable Cases and Events in E-Discover| E-Discovery LLC
This is Part III of a three-part blog comparing disclosure of public records under the Maryland PIA and civil discovery under the Maryland Rules. The prior blogs can be found using the PIA "tag," above. Prior blogs addressed many similarities between the PIA and civil discovery, THE ANTIQUATED PI| E-Discovery LLC
In Lively v. Wayfarer Studios LLC, 2025 WL 662896 (S.D.N.Y. Feb. 28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the “Wayfarer Parties”) by Ms. Blake Lively. Contextually, the litigation has been described in popular m| E-Discovery LLC
In CSX Transportation, Inc. v. Spiniello Global, Inc., 2023 WL 5515979 (D. Md. Aug. 25, 2023)(Bredar, C.J.), the Court denied spoliation motions, in part because they were filed too late. The plaintiff owned and operated the coal shipment facility. Defendants included the City of Baltimore and “| E-Discovery LLC
In Pincus v. MJ Connections, the court enforced an ESI Protocol, ordering document reproduction and criticizing a “dump truck” production.| EDRM
In Felder v. MGM National Harbor, LLC, 2024 WL 3690779 (D. Md. Aug. 7, 2024)(Simms, J.), an employment discrimination defendant avoided sanctions for overwriting of video footage. Defendant’s information governance policy was to overwrite surveillance video in 14 days unless management reported an| E-Discovery LLC
In Felder v. MGM National Harbor, LLC, 2024 WL 3690779 (D. Md. Aug. 7, 2024)(Simms, J.), defendant was sanctioned for belatedly canceling depositions that were scheduled at the discovery cutoff date. This is the second blog of a four-part blog on Felder, an employment discrimination case. See Fe| E-Discovery LLC
In Felder v. MGM National Harbor, LLC, 2024 WL 3690779, at *1 (D. Md. Aug. 7, 2024)(Simms, J.), plaintiff, acting pro se, sued her employer, alleging discrimination. The Court “presided over a discovery dispute hearing related to Plaintiff's motions to compel interrogatory requests and requests f| E-Discovery LLC
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 meet-and-confer sessions for the court's review. Given the history of this case, an| E-Discovery LLC
In Melton Properties, LLC v. Ill. Central R. Co., 2024 WL 3015749 at *5 (N.D. Miss. June 14, 2024), the court listed the factors to consider in deciding when the failure to provide a timely privilege log is – or is not – a waiver of the privilege. GENERALLY, FAILURE TO TIMELY PROVIDE A PRIVILEGE| E-Discovery LLC
In Singleton v. Mazhari, 2024 WL 4644644 (D. Md. Oct. 30, 2024)(Austin, J.), non-party TEDCO’s blanket privilege and work product objections to a subpoena were denied; however, it lived to fight another day because the denial was without prejudice to file supported objections after a “meet and confe| E-Discovery LLC
In Felder v. MGM National Harbor, a court-ordered transcript of a meet-and-confer session was crucial in resolving discovery disputes.| EDRM
Summary of Felder v. MGM National Harbor, focusing on court-ordered transcriptions, deposition cancellations, and video evidence retention.| EDRM
Understand the importance of timing for filing a motion to compel in federal court, including guidelines, exceptions, and consequences.| EDRM
This final blog in the Felder v. MGM series evaluates the reasonableness of the defendant’s 14-day video overwriting policy.| EDRM
In Felder v. MGM National Harbor, the court ruled that overwriting video footage after 14 days was not spoliation.| EDRM
UPDATE (Aug. 3, 2023): See Doug Austin, Hyperlinked Documents and Email Threading Disputes Addressed by Court (ediscoverytoday.com)(Aug. 2, 2023), discussing In re Meta Pixel Healthcare Litig. (N.D. Cal. June 2, 2023)("Accordingly, the ESI protocol should make clear that hyperlinked documents are n| E-Discovery LLC
Privilege logs have been getting a lot of attention, with good reason. “Privilege logging is arguably the most burdensome and time consuming task a litigant faces during the document production process.” The Sedona Conference, “Commentary on Protection of Privileged ESI,” 17 Sed. Conf. J. 97 (2016)| E-Discovery LLC
Many decisions state that the failure to timely provide an adequate privilege log may result in a waiver of the privilege. However, frequently they hold that there is no waiver on the facts presented.[1] In Bautech USA, Inc. v. Resolve Equip., Inc., 2024 WL 1929486 (S.D. Fla. May 2, 2024), untim| E-Discovery LLC
In 1968, the movie “Dracula Has Risen from the Grave” was released. Like Dracula, despite being long since buried, boilerplate “general objections” keep popping up in what sometimes looks like the children’s game of “Whac a Mole.” It is difficult to understand why the message about boilerplate “| E-Discovery LLC
In Kyle Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. 2024), the court wrote that it “would prefer this case not go to the dark place where attorneys on one side demand that the attorneys on the other side provide declarations in which they swear they are telling the truth about complying wi| E-Discovery LLC
In Rullan v. Goden, 2024 WL 1191600 (D. Md. Mar. 20, 2024), the Hon. J. Mark Coulson construed a Fed.R.Civ.P. 45 motion to quash or modify a subpoena, which would have been heard in New York, as a Fed.R.Civ.P. 26(c) motion for protective order that was resolved in the District of Maryland. Rullan| E-Discovery LLC
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 (thedailyrecord.com) (Feb. 22, 2024), Rachel Konieczny reported on a novel and important authe| E-Discovery LLC
This article discusses court-ordered ESI protocols for e-discovery and argues that flexibility may be a fair approach to enforcing agreements.| EDRM
“ESI Protocols” are discussed in judicial opinions, articles, webinars, and blogs. They are flexible and useful; however, they may not meet all of the requirements of Fed.R.Civ.P. 26(f). After a Rule 26(f) conference, that Rule requires a “report” with a “discovery plan” that contains information| E-Discovery LLC