ESI Stipulation Rejected by Court
Here, the Court denied without prejudice the parties’ joint motion for entry of an Order adopting the parties’ ESI Stipulation.| eDiscovery Today by Doug Austin
In Apothio, LLC v. Youngblood, California Magistrate Judge Christopher D. Baker ordered that “each party shall provide the others with search terms and custodians used to date to identify responsive materials within the producing party's ESI, as well as a corresponding hit report”, as well as ordering defendants to serve an amended response to Plaintiff's RFPs to identify whether any responsive documents are withheld and the privilege basis for the withholding, as well as a privilege log...| eDiscovery Today by Doug Austin
The 11th annual eDiscovery Day is set for December 4! And eDiscovery Today is excited to be one of the sponsors again! Here are the details! The post 11th Annual eDiscovery Day Set for December 4: eDiscovery Trends appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
The OpenAI NY Times case is becoming a blueprint for the handling of discovery of AI-related content in litigation. Here’s why. The post The OpenAI NY Times Case is a Blueprint for AI Discovery: eDiscovery Trends appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
Here’s the kitchen sink for October 24, 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 October 24, 2025: Legal Tech Trends appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
The Techno Security & Digital Forensics Conference begins Monday! Here are six sessions to check out at the conference next week! The post Six Sessions to Check Out at the Techno Security Digital Forensics Conference: Digital Forensics Conferences appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
What’s the state of eDiscovery today (little “t” 😉)? Rick Clark of CloudNine recaps a discussion of a session from the Masters Conference Philadelphia! The post The State of eDiscovery at the Masters Conference Philadelphia: eDiscovery Trends appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
In United Ass'n Nat'l Pension Fund v. Carvana Co., Arizona Magistrate Judge John Z. Boyle, stating: “The Court will not excuse Defendants from any efforts to produce contemporaneous hyperlinked documents outright simply because they elected to use a suite of cloud-based web applications that would make that process difficult”, ordered Defendants to “produce responsive documents—i.e., the versions of any documents as closely contemporaneous to, but preceding, the email communication as...| eDiscovery Today by Doug Austin
A federal court ordered Amazon to disclose litigation hold notices and preservation efforts in a COVID-19 price gouging case, finding significant gaps and delays in its ESI preservation. The post “Discovery on Discovery” Ordered After Amazon’s Flawed Implementation of Litigation Hold appeared first on EDRM.| EDRM
In Burge v. Teva, the court applied the crime-fraud exception to attorney-client privilege, requiring disclosure of redacted documents that evidenced fraudulent concealment involving counsel. The post Definition and Application the Crime-Fraud Exception to A-C Privilege appeared first on EDRM.| EDRM
A Maryland court imposed Rule 37(e)(1) sanctions against a plaintiff for failing to preserve key Facebook and text message communications, providing the jury with a special instruction on the spoliation. The post Rule 37(e)(1) Sanctions for Breach of Duty to Preserve Communications appeared first on EDRM.| EDRM
[Insurance; Exclusions] A condominium association's insurance carrier providing an "all risks" policy has the burden to prove a specific coverage exclusion applies. The post 11640 Woodbridge Condominium HOA v. Farmers Insurance Exchange appeared first on FindHOALaw.| FindHOALaw
Here, the Court denied without prejudice the parties’ joint motion for entry of an Order adopting the parties’ ESI Stipulation.| eDiscovery Today by Doug Austin
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
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
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
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
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 progr…| 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
This article discusses court-ordered ESI protocols for e-discovery and argues that flexibility may be a fair approach to enforcing agreements.| EDRM
