Topic
Document Production
85 published works
SDNY Blog
Magistrate Judge Stein: Requirement To Produce Documents Under A Party’s “Control” Can Mean Threatening to Fire Your Own Lawyer
In an opinion today, Magistrate Judge Stein concluded that a party’s obligation to produce documents held by an attorney or other agent can require threat of termination as leverage to…
TechLaw Crossroads
I’ve Taken Steps To Protect My Client’s Documents: But What Happens Post-Production?
You produce your client’s documents to the other side during discovery. But how confident are you that opposing counsel won’t end up feeding your sensitive documents into ChatGPT or a…
Unpredictable
An Update on Making a Document Production
By Will Newman
It’s been a few years since my first set of posts about document productions in discovery. With some additional experience and some new technology available, I share some additional thoughts:Different…
Government Contracts Legal Forum
GAO Cautions Agencies—Over-Redact at Your Own Peril
By Amy Laderberg O'Sullivan, Christian Curran, Cherie Owen
Bid protest practitioners in recent years have witnessed agencies’ increasing efforts to limit the production of documents and information in response to Government Accountability Office (GAO) bid protests—often will little…
eDiscovery Today Blog
Oral Motion for Production of Data Granted by Court: eDiscovery Case Law
By Doug Austin
In Sound Around, Inc. v. Friedman, New York Magistrate Judge Katherine H. Parker, finding “[t]hat Sound Around's lawyers did not look for and produce relevant financial data pertaining to the…
eDiscovery Today Blog
Court Will Not Excuse Defendants from Contemporaneous Hyperlinked Documents Production: eDiscovery Case Law
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…
eDiscovery Today Blog
Slack Documents Not in Defendants’ Possession, Custody, or Control, Court Rules: eDiscovery Case Law
By Doug Austin
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…
Legal Profession Blog
Non-Cooperation Draws Interim Suspension
The New York Appellate Division for the First Judicial Department has ordered an interim suspension of an attorneyThe Attorney Grievance Committee (the Committee) seeks an order pursuant to Rules for…
eDiscovery Today Blog
Responsive Nonprivileged Documents Attached to a Privileged Communication Must Be Produced: eDiscovery Case Law
By Doug Austin
In the case In re Bard Implanted Port Catheter Prods. Liab. Litig., Arizona District Judge David G. Campbell addressed “the possibility that responsive nonprivileged documents have been withheld from production…
Knovos Blog
A Checklist to the SEC’s Updated Production Requirements
In fiscal year 2024, the SEC filed 583 enforcement actions. The financial remedy was $8.2 billion, the highest in the SEC’s history. The number shows the SEC’s efforts to enforce…