Court sanctions counsel for omitting key email in discovery dispute, emphasizing duty of candor and what defines a “document” in ESI.| EDRM
The Lively v. Wayfarer Studios case continues to raise key eDiscovery issues, with the latest ruling mandating production of Signal messages and search terms, while dismissing reciprocal demands as unfounded. The post Discovery of Search Terms & Ephemeral Signal Messages – It Has Not Yet Ended “With Us” appeared first on EDRM.| EDRM
In Vaughn v. Solera Holdings, LLC, Texas District Judge David C. Godbey denied Plaintiff's motion to compel production of Slack communications between employees regarding her factual allegations “[b]ecause the Slack documents are not in Defendants' possession, custody, or control”. The post Slack Documents Not in Defendants’ Possession, Custody, or Control, Court Rules: eDiscovery Case Law appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
Back to school for more case law! 😊 Our September 2025 EDRM monthly case law webinar has six great cases on September 29th! The post Our September 2025 EDRM Case Law Webinar Will School You: eDiscovery Webinars appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
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 Fourth Circuit ruled that final judgment implicitly denies outstanding motions like Rule 56(d) discovery requests, clarifying standards while remanding an excessive force claim. The post When Does a Final Judgment Constitute Denial of a Motion That Was Not Expressly Denied? appeared first on EDRM.| EDRM
In the case In re Sandisk SSDs Litig., California Magistrate Judge Lisa J. Cisneros granted Plaintiffs’ Motion to Reopen Depositions, allowing Plaintiffs to reopen three depositions of Defendants' employees due to Defendants' belated production of documents that Defendants had previously designated as privileged, but limited the reopened depositions “to questions pertaining to documents produced after the original deposition, questions pertaining to testimony from other witnesses' reopen...| eDiscovery Today by Doug Austin
Case law is one of the strongest indicators of how to handle linked documents. So, here is the latest in the case law of linked documents from Cimplifi. The post The Case Law of Linked Documents: eDiscovery Best Practices appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
Here’s the kitchen sink for August 29, 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 August 29, 2025: Legal Tech Trends appeared first on eDiscovery Today by Doug Austin.| eDiscovery Today by Doug Austin
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
Of Sea Lions and SEAT Leons: Swiss Court Weighs in on Automobile Trademarks How different do “animal trademarks” need to be to coexist in the Swiss market? A recent decision from the Swiss Federal Administrative Court offers a compelling answer, resolving a dispute between SEAT S.A. and the trademark “Sea Lion” (fig.), both registered for... Continue reading| Kluwer Trademark Blog
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
In Episode 146, Kelly Twigger discusses how the failure to preserve text messages from a terminated employee’s supervisor led to sanctions and a denial of the employer’s motion for summary judgment, and the impact the decision has on government agencies’ obligations to preserve data from mobile devices in Maziar v. City of Atlanta (June 18,| 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