Discovery in the United States is uniquely broad, and under the Federal Rules of Evidence and various state laws, parties have a legal obligation to preserve documents and data if they know or should have known that they represent relevant
On May 17, 2024, the Judicial Conference’s Advisory Committee on Evidence Rules released its report on artificial intelligence, which discusses the potential need for modifications to the Federal Rules of Evidence. The committee issued this report after its April
On May 17, 2024, the Judicial Conference’s Advisory Committee on Evidence Rules released its report on artificial intelligence, which discusses the potential need for modifications to the Federal Rules of Evidence. The committee issued this report after its April
In trademark infringement case ZAGG Inc, v. Ichilevici et al., ZAGG, a manufacturer of screen protectors and other products deposed a corporate designee of the defendant the day before discovery closed. As a result of that deposition, ZAGG sought both
One court recently held that the failure to produce a privilege log for responsive documents withheld from discovery resulted in a waiver of privilege and warranted sanctions under Rule 37(b)(2). Coker, et al. v. Goldberg & Associates P.C., et al.
In Adamson v Pierce County et al., the U.S. District Court for the Western District of Washington ruled on defendants’ motion for protective order (Motion), where defendants requested the court limit the scope of various 30(b)(6) deposition topics, addressed
eDiscovery document review can be time-consuming and expensive for companies. Depending on the results of the review, it also can be helpful for internal investigation or litigation purposes. To minimize the burden and maximize the benefit of document review, a
In Estate of Daher, by and through Daher v. LSH Co. (E.D. Pa. July 12, 2023), the plaintiff, seeking to recover the proceeds of a life insurance policy, served subpoenas on a nonparty (Coventry) to obtain documents related to a
Slack, the collaborative workspace designed to streamline real-time communications between business teams, poses some challenges in the eDiscovery context (see our prior blog post). This blog post discusses a recent decision that explores the proper scope of discovery regarding
