In We The Protesters, Inc., et al., v. Sinyangwe et. Al, the Southern District of New York was recently called upon to resolve a discovery dispute that, according to the Magistrate Judge, “underscore[d] the importance of counsel fashioning clear and comprehensive agreements when navigating the perils and pitfalls of electronic discovery.” More specifically, the court
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Know Your Judge: Considerations for When to File a Spoliation Motion
Prior posts have discussed sanctions generally, as well as decisions analyzing the particulars of the operative rules (see November 2024 and December 2023 posts), but today’s blog discusses considerations for when, during a litigation, is the proper time to file a spoliation motion.
District Judge Iain Johnston’s[1] decision in Groves, Inc. v R.C. Bremer Marketing…
Greenberg Traurig’s eDiscovery & eRetention Team Wishes Our Clients and Colleagues Happy Holidays and a Happy New Year
Dec. 11 EVENT | 2024 Year in Review: eDiscovery and Artificial Intelligence
GT eDiscovery & eRetention Practice Shareholder Jacqueline Tambone deGrandpre and Of Counsel Kelly M. Pesce will participate in the “2024 Year in Review: eDiscovery and Artificial Intelligence” event hosted by the Boston Bar Association Dec. 11 from noon to 1 p.m.
Panelists will discuss recent developments in eDiscovery and artificial intelligence over the past year,…
Disclosure in England and Wales: To Discover, or to Disclose?
To discover, or to disclose? That is the question. While English playwright William Shakespeare would no doubt be turning in his grave at the loose use of one of his most famous lines, the question serves as a reminder that the discovery process in the United States and the disclosure procedure in England and Wales,…
Text Message Spoliation: Auto-Delete Setting May Lead to Legal Sanctions
Pending in the Southern District of Ohio, Safelite Group, Inc., v Nathaniel Lockridge et. al. reminds counsel of the importance of being active in the preservation process and reminds litigants of the importance of preserving text messages.
Background
Nationwide auto glass repair and replacement provider Safelite Group, Inc. employed defendant Nathaniel Lockridge, and in 2020…
Has Generative AI ‘Run Amok’ in Discovery Disputes?
Iovino v. Michael Stapleton Assocs., Ltd. involves allegations that defendant Michael Stapleton Associates, Ltd. d/b/a MSA Security, Inc. (MSA) violated a federal whistleblower law. The parties have engaged in lengthy and contentious discovery and most recently argued before the U.S. District Court for the Western District of Virginia about plaintiff’s objection to the Magistrate Judge granting MSA’s…
Document Retention for U.S. Litigation Beyond Borders: Considerations for Foreign Companies
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 evidence in pending or reasonably anticipated litigation.[1] Companies headquartered outside of the United States…
Judicial Conference Advisory Committee Releases Report on Evidence Rules for AI
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 2024 meeting, which featured testimony from several AI experts. While the committee did not identify…
Judicial Conference Advisory Committee Releases Report on Evidence Rules for AI
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 2024 meeting, which featured testimony from several AI experts. While the committee did not identify…