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., 2024 WL 263121 (S.D.N.Y. 2024). This case is an important reminder to practitioners.
Factual…
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 the appropriateness of “discovery on discovery” as a deposition topic, and reminded attorneys that the…
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 good document review protocol is critical. A document review protocol is a set of instructions…
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 finance program administered by Coventry under which plaintiff alleged the policy was generated. Coventry objected…
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 Slack messages – specifically, whether each individual Slack message should be treated as a discrete…
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Facts
In Miramontes v. Peraton Inc., an employment discrimination case, plaintiff moved for sanctions against defendant for its failure to preserve text messages and a skills assessment related to plaintiff’s performance. Plaintiff – a senior supply chain business partner manager – was a 27-year employee of Prospecta when the company was acquired by defendant…
In litigation, allowing a client to handle the process of collecting its electronic discovery without adequate attorney oversight of quality control validation can lead to serious trouble for all concerned. Courts throughout the country have repeatedly held that attorneys have professional and ethical duties to ensure the adequacy of their clients’ actions in identifying, preserving,…
Factual Background
Plaintiffs are former employees of Federal Reserve Bank of New York (Federal Reserve) whose employment was terminated when they refused to comply with Defendant’s requirement that its employees be vaccinated against Covid-19. Dkt. No. 24. Plaintiffs alleged that their terminations violated the Religious Freedom Restoration Act; the Free Exercise Clause of the First…
