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ESI Protocol Should Define “Documents” and Address Redaction Based on Irrelevancy
We the Protestors, Inc. v. Sinyangwe highlights the need for precision in ESI Protocols, particularly regarding the definition of a “document” and redactions for irrelevance. The court’s analysis underscores that redactions must be explicitly agreed...
Court Held That an ESI Protocol Applied Only to ESI
In Skeans v. Atlantic Marine, the court clarified that an ESI Protocol governs only electronically stored information, not non-ESI materials, thereby requiring a separate privilege log timeline for non-ESI. It also addressed inadequate interrogatory responses...
En Banc Fourth Circuit Geofence Decision is Splintered
The Fourth Circuit’s en banc ruling in U.S. v. Chatrie upheld the use of a geofence warrant that led to a robbery suspect’s identification, but revealed deep judicial divisions over the constitutional limits of digital...
The Growing Role of Mobile Data in Legal Proceedings
Mobile data has become a pivotal source of evidence in modern litigation and investigations. This article explores recent case law and highlights how tools like Cellebrite and Relativity streamline mobile data discovery.
The History of E-Discovery is Both Interesting and Important
This article traces the evolution of e-discovery from early amendments to the Federal Rules of Civil Procedure through landmark cases, influential thought leaders, and foundational frameworks like the Sedona Principles and EDRM. It highlights how...
Discovery Rulings in Abrego-Garcia v. Noem Deportation Case
In Abrego-Garcia v. Noem, Judge Xinis overruled most U.S. government objections to discovery, citing bad faith and noncompliance with court orders. The decision mandates expedited and detailed responses, including privilege logs and specific factual disclosures.
An ESI Protocol Saved the Day for the Discovering Party
In a key discovery ruling, the Eastern District of New York emphasized the power of an ESI Protocol in compelling compliant document production. The court ordered reproduction of unsearchable PDFs and rejected the excuse of...
Order Granting In Camera Review of Work Product Claim
In Hall v. Baltimore Police Dept., the court authorized in camera review of documents from the Mid-Atlantic Innocence Project to resolve disputes over opinion versus fact work product protection. The decision emphasizes proper privilege assertions...
Motion to Compel Searching of BYOD Devices – Defendant’s Information Governance Policy Determined Outcome
In Allergan v. Revance, the court denied a motion to compel searches of employee BYOD devices, citing Revance’s clear policies limiting access and control. The ruling emphasizes how well-defined governance policies can influence discovery outcomes.
Texas Upholds Narrow Geofence Warrant After Melee Resulted in Murder
In Wells v. State, the Texas Court of Criminal Appeals upheld a narrowly tailored geofence warrant used to identify suspects in a deadly home invasion, emphasizing its compliance with Fourth Amendment standards. The decision contributes...
From Texts to Trials: The Impact of Mobile Data on eDiscovery Today
Mobile data is increasingly central to modern eDiscovery, with courts confronting complex issues of privacy, preservation, and proportionality. This article explores landmark cases and recent rulings that demonstrate the evidentiary power and legal implications of...
No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad
In Hall v. Baltimore Police Dept., the court applied an exception to the privilege log requirement where discovery demands were overbroad and burdensome. This article examines how courts weigh categorical objections and privilege claims in...