Former House Representative, Devin Nunes, sued Lizza and the Hearst Corporation for defamation. Nunes sought damages. The court dismissed his claim and explained how special, general, and exemplary damages are proven when the Plaintiff is a public figure.| QuickRead | News for the Financial Consulting Professional
In Singleton v. Mazhari, the court held that a protective order motion was timely and excused meet-and-confer efforts as futile, offering guidance on both timing and procedural waivers. The post When is a Motion for Protective Order Untimely? Meet and Confer Was Futile appeared first on EDRM.| EDRM
A Maryland court expressed concern over WMATA’s failure to produce key inspection reports after a garage slip-and-fall but declined to impose harsh spoliation sanctions, reserving judgment on narrower remedies. The post Plaintiff Raised a Troubling Spoliation Issue, But Did Not Surmount All Hurdles, and a Ruling Was Reserved appeared first on EDRM.| EDRM
In In Re Tecfidera Antitrust Litigation, the court rejected a proposed email threading protocol due to usability and metadata concerns, emphasizing Rule 34’s requirement to produce ESI as ordinarily maintained and noting a lack of specific burden evidence from the defense. The post Request for Email Threading Protocol Rejected & Discussed Use at Trial appeared first on EDRM.| EDRM
Here’s the kitchen sink for September 26, 2025 of ten stories that I didn’t get to this week – with another brand-new meme from Gates Dogfish! The post The Kitchen Sink for September 26, 2025: Legal Tech Trends appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
In Mendones v. Cushman & Wakefield, Inc., California State Superior Court Judge Victoria Kolakowski found “that a terminating sanction is appropriate” after the Court determined that several exhibits provided by Plaintiffs were deepfake videos and images. The post Deepfake Videos and Images Lead to Terminating Sanctions: eDiscovery Case Law appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
Back to school for more case law! 😊 Next Monday’s September 2025 EDRM monthly case law webinar has six great cases! The post Monday’s September 2025 EDRM Case Law Webinar Will School You: eDiscovery Webinars appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
In the case In re Mosaic LLM Litig., California Magistrate Judge Lisa J. Cisneros, finding Plaintiffs’ request for production (RFP) was “overbroad and places an undue burden on nonparty Microsoft”, modified the subpoena to lessen the burden on Microsoft. The post To Lessen the Burden on Microsoft, Court Modifies Subpoena: eDiscovery Case Law appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
In PlayUp, Inc. v. Mintas, Nevada Magistrate Judge Nancy J. Koppe, citing “repeated misrepresentations” from Counter-Defendant Daniel Simic and stating that “Mintas has made a strong showing of discovery misconduct”, granted Mintas’ motion for a forensic examination. The post Repeated Misrepresentations Lead to Order for Forensic Examination: eDiscovery Case Law appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
What are the trends impacting AI for legal professionals? This blog post by Sam Bock at Relativity discusses 5 key topics shaping AI in 2025. The post 5 Key Topics Shaping AI in 2025: Artificial Intelligence Trends appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
Want a list of legal cases involving Slack and other messaging apps? CloudNine provides that list in their latest post here! The post Legal Cases Involving Slack, Teams, Texts, and Messaging Apps: eDiscovery Trends appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
Here’s the kitchen sink for September 19, 2025 of ten stories that I didn’t get to this week – with another brand-new meme from Gates Dogfish! The post The Kitchen Sink for September 19, 2025: Legal Tech Trends appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
Here, the Court denied Plaintiff's Motion to Bar the Defendants' Corrected Spreadsheet finding they were substantially justified in doing so.| eDiscovery Today by Doug Austin
A California court in Mendones v. Cushman and Wakefield found that key video and image exhibits were GenAI deepfakes. Metadata and platform inconsistencies, plus an implausible claim that an iPhone 6 on iOS 12.5.5 used Apple Intelligence, led the court to impose terminating sanctions and dismiss the action with prejudice. The post Deepfakes Uncovered – iPhone 6 Could Not Have Captured the A.I.-Generated Evidence appeared first on EDRM.| EDRM
Court sanctions counsel for omitting key email in discovery dispute, emphasizing duty of candor and what defines a “document” in ESI.| EDRM
Court orders disclosure of search terms and Signal messages in Lively v. Wayfarer Studios, rejecting reciprocal discovery as unwarranted.| EDRM
Here’s the kitchen sink for September 5, 2025 of ten stories that I didn’t get to this week – with another brand-new meme from Gates Dogfish!| eDiscovery Today by Doug Austin
Court rules no duty to produce discovery already held by opposing counsel but orders gap analysis to identify missing items.| EDRM
The Court denied plaintiffs’ request for source code discovery, but ordered discovery of “all relevant Chat-related hyperlinked material.”| eDiscovery Today by Doug Austin
What a great topic! Lexbe has a webinar this Friday discussing the top 10 AI insights you need to know, based on battle-tested advice!| eDiscovery Today by Doug Austin
The Court found that plaintiff’s duty to preserve arose when she was terminated, rendering moot most potential spoliation sanctions.| eDiscovery Today by Doug Austin
In Episode 176, Kelly Twigger discusses how the rules of self-collection apply to experts, and the failure to supervise the collection of documents from an expert led to misrepresentations to the court, the exclusion of key evidence at trial and the sanctions of more than $3 million for discovery violations in the October 23, 2024,| Minerva26 | Your strategic edge in litigation
In Episode 174, Kelly Twigger discusses whether a party not on an enterprise license for Slack has an obligation to produce data from the platform and what you need to do in advance of filing a motion to compel in Vaughn v. Solera Holdings, LLC. Introduction Welcome to our Case of the Week segment on| Minerva26 | Your strategic edge in litigation
Here’s the kitchen sink for July 3, 2025 of ten stories that I didn’t get to this week – with another brand-new meme from Gates Dogfish!| eDiscovery Today by Doug Austin
In Episode 175, Kelly Twigger discusses how the intentional destruction of data from a voice recorder in an aircraft, and the court's reluctance to impose meaningful sanctions—even when the record arguably justified them—calls into question whether Rule 37(e)(2) can protect parties in Sky Jet M.G. Inc. v. VSE Aviation Servs., LLC. Introduction Welcome to our| Minerva26 | Your strategic edge in litigation
You Are Here: Home » 2025 » May| QuickRead | News for the Financial Consulting Professional
[CC&Rs; Exculpatory Clause] An exculpatory clause in the CC&Rs limiting the HOA's liability is not against public policy.| FindHOALaw
In Episode 173, Kelly Twigger discusses the imposition of sanctions and what those sanctions were following the submission of AI generated hallucinated citations in a brief to the Special Master... The post Episode 173: Fake Citations, Real Sanctions: AI Hallucinations Spark $31K in Sanctions first appeared on Minerva26.| Minerva26
In Episode 172, Kelly Twigger discusses when a party is entitled to cookies from a party’s device or browser and how the court ordered the parties to meet and confer to find a solution to producing them in In re Meta Pixel Healthcare Litig. Introduction Welcome to our Case of the Week segment of the| Minerva26 | Your strategic edge in litigation
The WTO recently released its decision in DS 611, the IP enforcement case involving China's SEP practices and transparency of China's judicial decision making. The case makes some progress on China's important transparency obligations.| China IPR – Intellectual Property Developments in China
In Episode 171, Kelly Twigger discusses the latest decision on whether an employer has possession, custody or control over data in its employees’ personal devices in Allergan, Inc. v. Revance... The post Episode 171: Is a BYOD Policy the Key to Determining Employer Control Over Employees’ Personal Phones? first appeared on Minerva26.| Minerva26
In Episode 170, Kelly Twigger discusses what the meet and confer requirement in the Federal Rules means and what can happen when a party attempts to weaponize discovery through threats... The post Episode 170: How Failing to Meet and Confer Effectively Can Lead to Sanctions first appeared on Minerva26.| Minerva26
In Pincus v. MJ Connections, the court enforced an ESI Protocol, ordering document reproduction and criticizing a “dump truck” production.| EDRM
Serving as a Trustee of a Trust is difficult. In the case presented, a trust beneficiary alleged that the trustee—his aunt—breached her fiduciary duty. The trust beneficiary retained an expert in connection to this claim and this did not go well for either the beneficiary or damages expert. The article summarizes the case, provides a road map and an admonition to experts in these types of cases regarding what is needed, and the perils of using AI.| QuickRead | News for the Financial Consulting Professional
This article discusses the recent case of Mancini v. UBS AG, a case where UBS liquidated Plaintiff’s collateral following an event of default. The issue before the court was whether UBS AG acted arbitrarily when it liquidated Plaintiff’s account based on an earlier valuation date, rather than based on a higher and more recent account value.| QuickRead | News for the Financial Consulting Professional
Summary of Felder v. MGM National Harbor, focusing on court-ordered transcriptions, deposition cancellations, and video evidence retention.| EDRM
Highlights of August 2024's key e-discovery rulings on data security, cloned discovery, text messages, and keyword searches.| 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
In Episode 149, Kelly Twigger discusses whether a preliminary showing of spoliation overcomes privilege associated with the content and distribution of legal hold notices in FTC v. Amazon.com, Inc. (July 9, 2024). Introduction Welcome to this week's episode of our Case of the Week series brought to you by eDiscovery Assistant in partnership with ACEDS.| eDiscovery Assistant | eDiscovery Begins Here
In Episode 148, Kelly Twigger discusses whether a party’s failure to preserve WeChat messages on a mobile device that may have been relevant to two overlapping litigation matters resulted in sanctions in Two Canoes LLC v. Addian Inc. (April 30, 2024). Introduction Welcome to this week's episode of our Case of the Week series brought| eDiscovery Assistant | eDiscovery Begins Here
Before it secured its landslide victory in last week’s general election, Labour set out in its manifesto a sweeping plan to update employment law.| Personnel Today
This article discusses court-ordered ESI protocols for e-discovery and argues that flexibility may be a fair approach to enforcing agreements.| EDRM