- Filter by
- Categories
- Tags
- Authors
- Show all
- All
- "Slots" Litigation in MD
- Book Reviews
- Commercial Litigation
- District of MD
- ESI
- ESI Protocol a/k/a Discovery Plans
- Important Posts
- News Stories
- Protecting the Judiciary
- Social Media
- Software
- Uncategorized
- All
- Anecdote
- Artificial Intelligence
- Citations
- Computer Usage Policies
- Conference of Parties
- Cooperation
- cost
- Costs
- Data Map
- Discoverability
- Ethics
- Evidence
- Evidence: Authentication
- Experts
- Forensics
- FRCP 26(g)
- Historical Highlights
- information governance
- Inherent power
- Litigation Hold: Proportionality
- Litigation Hold: Scope
- Litigation Hold: Trigger
- MD Public Information Act
- MD Rules v. Federal Rules of Civil Procedure
- Mediation
- Metadata
- Objections
- Privacy
- Privilege
- Rules
- Sanctions
- Search
- Self Preservation
- Slots
- Summary Judgment
- Trade Secrets
- What is a Document?
October 31, 2026
Published by Michael Berman at October 31, 2026
AI Protective Orders address how or if a receiving party can use artificial intelligence to analyze discovery materials produced by an opponent. Some address all discovery materials. Others are limited to confidential discovery materials. Some specify permitted and prohibited platforms by name. Others specify functionality. A few do both. Some are a […]
October 30, 2026
Published by Michael Berman at October 30, 2026
A New York court held that an unrepresented litigant’s use of AI was protected work product. It addressed subpoenas directed to OpenAI seeking a pro se litigant’s use of AI. Unrepresented defendant, John Recchio, challenged Plaintiff’s Amended Subpoena to OpenAI OpCo, LLC, seeking in part: All prompts, queries, uploaded documents, and corresponding […]
October 30, 2026
Published by Michael Berman at October 30, 2026
Categories
The Washington Post published M. Scaturro, Your phone knows you’re at the doctor, and data brokers are profiting from it – The Washington Post (Oct. 28, 2026). The article describes how data brokers use cell phone data, writing: “Chris McQueen finished treatment for leukemia a year and a half ago, but the […]
October 28, 2026
Published by Michael Berman at October 28, 2026
There are varying schools of thought on how to enter an email string or thread in a privilege log. The “top email only” approach is less expensive, but may run afoul of the “trust, but verify” purpose of a log. It may obscure detail and hide non-privileged documents. However, the more expensive […]
October 26, 2026
Published by Michael Berman at October 26, 2026
“This is an action by Fischman, proceeding pro se against Epic, asserting claims arising from the alleged role of Epic’s medical software in the death of her father. Fischman has served extensive discovery requests that seek, among other things, the software’s design, development, and implementation.” Fischman v. Epic Systems, Corp. 2026 WL […]
October 25, 2026
Published by Michael Berman at October 25, 2026
Categories
“Thousands of Baltimore patients may have had their personal health information exposed after a worker uploaded a spreadsheet to a third-party public artificial intelligence tool that the hospital had not approved.” Bridget Byrne, Data breach: Johns Hopkins Bayview Medical Center alerts patients (Oct. 25, 2026). The article reports that the breach, caused […]
October 23, 2026
Published by Michael Berman at October 23, 2026
Categories
After a hearing, the Lighthouse court “issued an interim Order compelling the parties to meet and confer, and to retain an independent third-party electronically stored information (‘ESI’) specialist to assist the parties to effectuate the Court’s previous Order.” They failed to comply. Lighthouse Healthcare Center, LLC v. Nat’l. Fire & Marine Ins., […]
October 22, 2026
Published by Michael Berman at October 22, 2026
In Fontainebleau, Plaintiff served four subpoenas on AI providers and requested A.I. information in an RFP. The court “directed the Parties to submit expedited supplemental briefing addressing whether the requested AI-related information falls within the scope of damages discovery authorized by the District Court, including its relationship, if any, to Defendant’s alleged […]
October 20, 2026
Published by Michael Berman at October 20, 2026
Doug Austin and Michael Berman Plaintiff Mr. Corkery filed an emergency motion to amend or remove redactions to a document that he planned to use in an upcoming deposition. He also sought a privilege log for the redactions, “if any applies.” Defendant Coinstar objected. At issue was “whether Coinstar’s production of approximately […]
October 16, 2026
Published by Michael Berman at October 16, 2026
I have suggested that AI protective orders are becoming the standard of care.[1] These orders limit the use or uses of AI by a recipient of discovery materials to review the materials produced by an opponent. They clearly are important and have value in appropriate instances. However, there is no standard form […]
October 14, 2026
Published by Michael Berman at October 14, 2026
Categories
After an alleged “deepfake” video of a sexual assault was admitted over objection, the Defendant appealed his conviction. The Supreme Court of Iowa wrote: “In this sexual abuse case, we are asked to decide whether the district court erred in admitting a video. The video graphically shows the defendant abusing the victim. […]
October 13, 2026
Published by Michael Berman at October 13, 2026
The Montana Commission on Rules of Evidence has amended its proposed rule of evidence to address deepfakes. Based on public comments, proposed Rule 901 was “modified to avoid confusion where a judge, not a jury, is the fact-finder.” In re Montana Commission on Rules of Evidence, 2026 WL 2996761 (Oct. 5, 2026). […]
October 9, 2026
Published by Michael Berman at October 9, 2026
Categories
A stipulated AI Protective Order in Dean & Deluca Brands, Inc. v. Fire Brands Innovation, LLC, 2026 WL 2905875 (S.D.N.Y. Sep. 29, 2026)(emphasis added), stated: A producing Party may utilize technology-assisted review, predictive coding, generative artificial intelligence, analytics, keyword searching, clustering, email threading, concept searching, active learning, or other automated or algorithmic […]
October 9, 2026
Published by Michael Berman at October 9, 2026
I have written a series of posts suggesting that AI protective orders are becoming the standard of care. See A.I. Protective Order by Consent in Google Case (Sep. 13, 2026). The jointly requested A.I. protective order in Hoffman v. Univ. of Nebraska Medical Ctr., 2026 WL 2969621 (D. Neb. Oct. 2, 2026), […]
October 8, 2026
Published by Michael Berman at October 8, 2026
Ferlito v. Harbor Freight Tools USA, Inc., 2025 WL 1181699 (E.D.N.Y. Apr. 23, 2025), isn’t the most recent decision concerning an expert’s use of GenAI, but it is an interesting one. Mr. Ferlito sued Harbor Freight. He alleged that he purchased a “splitting maul,” which is a specialized axe used to split […]
September 24, 2026
Published by Michael Berman at September 24, 2026
Categories
Senate Bill 8, codified as Md. Code, Crim. L. Art. §8-301, will become effective on October 1, 2026. It imposes criminal penalties and creates a civil claim. 2026 Laws of Md. Chap. 445. Two purposes of the statute are “prohibiting a person from using certain artificial intelligence or certain deepfake representations for […]
September 20, 2026
Published by Michael Berman at September 20, 2026
Youssian v. Village of Kings Point, 2026 WL 2795230 (Supreme Ct., Nassau Co., N.Y. Sep. 9, 2026), is an example of what not to do when an opponent points out that you cited hallucinated authorities in your lengthy Petition. “The 64-page petition was accompanied by a 46-page memorandum of law in support.” […]
September 19, 2026
Published by Michael Berman at September 19, 2026
Defendant made “discovery requests related to Plaintiff’s alleged use of artificial intelligence (‘AI’)….” “Defendant’s motion will be DENIED, for the reasons set forth at the hearing and for Defendant’s failure to adequately support the requests.” Cifuentes v. SID Tool Col, Inc., 2026 WL 2795597 (M.D. Fla Sep. 18, 2026)(emphasis added). The written […]
September 16, 2026
Published by Michael Berman at September 16, 2026
Categories
The U.S. District Court for the District of Maryland has issued Standing Order 2026-04 re: Electronic Devices in Courthouse. The Court’s email lists a number of exceptions, including “Members of the Bar of the District of Maryland, pro hac vice attorneys, and counsel of record in scheduled proceedings, who must present an […]
September 16, 2026
Published by Michael Berman at September 16, 2026
Categories
The following Stipulated Protective Order was entered in Rapacon v. Abbott Laboratories, 2026 WL 2722543 (N.D. Cal. Sep. 15, 2026): USE OF GENERATIVE AI TOOLS “CONFIDENTIAL” Information or Items shall not be submitted to any Open Generative AI tool (e.g., Chat GPT) or any substantially similar tool that is available to the […]
September 15, 2026
Published by Michael Berman at September 15, 2026
Categories
The court in Goldstein v. RTX Corp., 2026 WL 2690139 (D. Del. Sep. 14, 2026), rejected a proposal to use a unilaterally-designed AI tool for a search. The case is a putative collective and class action alleging a “nationwide pattern, practice, and/or policy of discriminating against older workers … in their hiring […]
August 28, 2026
Published by Michael Berman at August 28, 2026
Categories
Much has been written about whether use of A.I. waives the attorney-client privilege or work product protection. Tara Emory and Maura Grossman Address Protection of Attorney Prompts in “GenAI TAR” (Jul. 5, 2026); Deponent’s Use of A.I. to Answer Deposition Questions Barred; ChatGPT Was Not an Attorney (May 2, 2026); Important A.I. […]
July 21, 2026
Published by Michael Berman at July 21, 2026
Categories
Pikesville, Maryland, is a diverse, 12.3 square mile suburban Baltimore community, population 33,524. It was surprising when: [An audio] recording went viral in January [2024], provoking rage in suburban Baltimore. It seemed that Pikesville High School Principal Eric Eiswert had been caught making racist and antisemitic comments. Angry phone calls overwhelmed the […]
June 4, 2026
Published by Michael Berman at June 4, 2026
The Northern District of California has a “Model Stipulated Protective Order (for standard litigation)” and a “Stipulated Protective Order for Litigation Involving Patents, Highly Sensitive Confidential Information and Trade Secrets (Feb. 2022).” I suggest that the latter was applied too stringently in Litton v. Roblox Corporation, 2026 WL 1483493 (May 27, 2026). […]
May 9, 2026
Published by Michael Berman at May 9, 2026
Judicial decisions involving “hallucinated” citations provided by GenAI are more common than mosquitoes in a swamp. A recent decision addresses supervisory obligations and looked at “institutional culture” of the law firm: Lawyers owe a duty of candor to the Court, a duty that cannot be met without reading and understanding the legal […]
April 11, 2026
Published by Michael Berman at April 11, 2026
Categories
This post is a follow up to “Hallucinations” by West’s CoCounsel? (Apr. 7, 2026). In U.S. v. Farris, __ F. 4th __, 2026 WL 915082, at *1 (6th Cir. Apr. 3, 2026)(per curiam), the court found errors in a brief prepared using Westlaw’s CoCounsel. It appears that the tool was used after August 2025. Id. […]
March 11, 2026
Published by Michael Berman at March 11, 2026
Categories
In Nippon Life Ins. Co. of America v. OpenAI Foundation, et al., No. 1:26-cv-02448 (N.D. Ill. Mar 4, 2026), the plaintiff alleges that: “As a product of OPENAI, ChatGPT engages in the practice of law by providing users with legal analysis, legal advice, legal research, and produces drafted legal documents.” It alleges […]
March 10, 2026
Published by Michael Berman at March 10, 2026
A broad discovery order was entered in Estate of Lokken v. United Health Grp., Inc., 2026 WL 658883 (D. Minn. Mar. 9, 2026). Lokken is a putative class action “alleging that UnitedHealth Group, Inc., and naviHealth, Inc., used an artificial intelligence program called nH Predict to deny medical care coverage in violation […]
January 24, 2026
Published by Michael Berman at January 24, 2026
In Yotta Technologies Inc. v. Evolve Bank & Trust, 2026 WL 172502 (N.D. Cal. Jan. 22, 2026), the court addressed hyperlinked documents, or “modern attachments.” I have called this the “Humpty Dumpty” issue. “The Humpty Dumpty issue – – the question of re-linking pointers and targets – – is very important….” More […]
January 15, 2026
Published by Michael Berman at January 15, 2026
Categories
John Tredennick and William Webber published “Generative AI for Smart Discovery Professionals” (Merlin Search Technologies, Inc. 4th ed. 2025), available at no cost from Generative AI For Smart Discovery Professionals – Merlin Search Technologies (hereafter “Tredennick”). I had previously read John C. Tredennick, et al., TAR for Smart People – Google Books […]
January 8, 2026
Published by Michael Berman at January 8, 2026
Categories
Special Master Phil Favro issued a decision in Pso-Rite Com LLC v. Thrival LLC, 2025 WL 3899841 (Dec. 23, 2025). The decision addressed disputes over discovery responses in a lawsuit over marketing of massage products. One advantage of using Special Masters like Phil is speed. Phil was appointed by the court on […]
December 5, 2025
Published by Michael Berman at December 5, 2025
Categories
The decision in Legault v. Costco Wholesale Corporation, 2025 WL 3252653 (E.D. Ark. Nov. 21, 2025), is succinct in its discussion of the production of native files. The court wrote: “Legault’s motion to compel Costco to provide him with native files and metadata is denied because Costco states the files are security […]
November 20, 2025
Published by Michael Berman at November 20, 2025
Categories
The movie Jaws famously contained the line “Just when you thought it was safe to go back in the water…” Law360 reports Attys Beware: Generative AI Can Also Hallucinate Metadata – Law360 in a November 4th article by Daniel Garrie, Jennifer Deutsch, and Morgan Ward Doran. The article states: When AI generates […]
November 17, 2025
Published by Michael Berman at November 17, 2025
Categories
The Baltimore Sun reports that “Police use AI to draft reports in at least one Maryland county.” The November 17th article by Josh Davis and Luke Parker states that the Wicomico County Sheriff’s office is using artificial intelligence to boost efficiency. This AI service, known as Draft One, links to body cameras. […]
November 3, 2025
Published by Michael Berman at November 3, 2025
“[T]he Court’s March 18, 2025 Fed. R. Civ. P. 26(c) protective order … is hereby modified to reflect that any documents marked confidential shall not be uploaded onto any AI platform.” Warner v. Gilbarco, Inc., 2025 WL 3047881 (E.D. Mich. Oct. 30, 2025)(emphasis in original). Apparently, the concern was that, if confidential […]
November 2, 2025
Published by Michael Berman at November 2, 2025
Categories
Fake citation or “hallucination” cases have become common. See, e.g., Doug Austin, What’s Causing These AI Hallucinations and How to Fix It (Oct. 13, 2025)(reporting 772 cases in academic literature); Doug Austin, AI Hallucination Cases: A Compiled List (Jun. 9, 2025); Damien Charlotin, AI Hallucination Cases Database – Damien Charlotin (listing 507 […]
September 10, 2025
Published by Michael Berman at September 10, 2025
Categories
Much of the litigation over geofencing has been under the Fourth Amendment in criminal cases, and there has been a lot of it. See, e.g., Certiorari Petition to U.S. Supreme Court in 4th Circuit Geofence Decision – E-Discovery LLC (Aug. 5, 2025); Alvarez v. State, 2025 WL 2346165, at *4 (Tex. App. […]
August 4, 2025
Published by Michael Berman at August 4, 2025
Categories
Okello Chatrie was convicted of armed robbery based on evidence derived from a geofence warrant. See Chatrie v. U.S., 2025 WL 2173706 (appellant’s certiorari petition). He asserts: This case concerns the constitutionality of geofence warrants. For cell phone users to use certain services, their cell phones must continuously transmit their exact locations […]
July 29, 2025
Published by Michael Berman at July 29, 2025
The long simmering “document correlation” dispute was addressed in Sievert Elec. Svc. and Sales Co. v. Storako, 2025 WL 2084229 (N.D. Ill. Jul. 24, 2025). The court followed the majority rule. While there is a clear split of authority, I respectfully disagree with Sievert and suggest that there is a better mousetrap. […]
May 7, 2025
Published by Michael Berman at May 7, 2025
Categories
In U.S. v. Chatrie, __ Fed. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were eight concurring opinions and one dissent. [1] Chief Judge Diaz wrote a concurring opinion. […]
March 6, 2025
Published by Michael Berman at March 6, 2025
In In Re: Uber Technologies, Inc. Passenger Sexual Assault Litigation, 2025 WL 678543 (Mar. 3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties’ ESI Protocol. While production issues concerning hyperlinked or “modern” attachments have been extensively litigated, in this blog I discuss some related evidentiary issues. […]
March 1, 2025
Published by Michael Berman at March 1, 2025
Categories
The Sedona Conference has published “Navigating AI in the Judiciary: New Guidelines for Judges and Their Chambers,” 26 Sedona Conf. J. 1 (Feb. 2025); see also Navigating AI in the Judiciary: New Guidelines for Judges and Their Chambers – EDRM. The publication illustrates the old military maxim that “any ship can be […]
October 6, 2024
Published by Michael Berman at October 6, 2024
Shapiro v. Hyperheal Hyperbarics, Inc., __ Md. App. __, 2024 WL 4379976 (Apl. Ct. Md. Oct. 3, 2024), is a lengthy and complex decision. The Court wrote: “By our count, the parties have brought a total of seven lawsuits against each other, although many of the legal arguments throughout these suits are […]
October 4, 2024
Published by Michael Berman at October 4, 2024
Categories
A recent post by Tonya Riley, Cassandre Coyer, and Justin Wise discusses FTC’s AI Crackdown Pushes Boundaries of Its Oversight Power (1) (bloomberglaw.com)(Sept. 27, 2024). The article reports that the FTC’s “Operation AI Comply” involves an enforcement action targeted at five companies. The Federal Trade Commission’s actions against companies it said were […]
October 2, 2024
Published by Michael Berman at October 2, 2024
Are “dash cam” videos protected from disclosure as work product? That was one issue posed in Jones v. Burch, 2024 WL 4276109 (M.D. Fl. Sep. 24, 2024). It was presented in an oddly-named “Motion to Compel Better Responses to Plaintiff’s Request to Produce.” Plaintiff sued for personal injuries arising out of a […]
September 17, 2024
Published by Michael Berman at September 17, 2024
Categories
Doug Austin wrote an interesting blog, Police May be Coming for Your Tesla as a Potential Crime Witness (ediscoverytoday.com)(Sept. 4, 2024). Doug wrote that: “In Oakland and beyond, police called to crime scenes are increasingly looking for more than shell casings and fingerprints. They’re scanning for Teslas parked nearby, hoping their unique […]
August 12, 2024
Published by Michael Berman at August 12, 2024
The July 2024 “Notice of Proposed Rules Changes” of the Maryland Standing Committee on Rules of Practice and Procedure – – 223rdreport.pdf (mdcourts.gov) – – proposes rules that address the issue of how “digital media” – – a term of art – – is placed in the record, both in open court […]
August 7, 2024
Published by Michael Berman at August 7, 2024
Categories
Metadata logs can be an acceptable, cost-effective method of privilege logging. For example, please see Agreement in ESI Protocol to Provide a “Metadata-Only” Privilege Log Was Enforced (Jul. 22, 2024), and Privilege Logs: New Techniques to Achieve Proportionality – The “Certification Log” (Mar. 4, 2024). The primary difference between a “metadata” log […]
April 29, 2024
Published by Michael Berman at April 29, 2024
Categories
In Re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, 2024 WL 1772832 (N.D. Cal. Apr. 23, 2024), resolved a dispute over so-called “modern attachments” based on impressive and comprehensive technical presentations by sophisticated experts. I have called “modern attachments,” “pointers,” or the problems associated with hyperlinked target documents, the “Humpty Dumpty Issue.” […]
February 2, 2024
Published by Michael Berman at February 2, 2024
Categories
In Attys Split On 5th Circ.’s Proposed AI, Accuracy-Check Rule – Law360 (Jan. 30, 2024), Lauren Berg reported on the current status of a 5th Circuit proposed A.I. rule.[1] Ms. Berg’s article stated that reactions “span from one end of the spectrum to another, with some saying it will stifle the benefits […]
January 2, 2024
Published by Michael Berman at January 2, 2024
Categories
Oliver Hardy, of Laurel and Hardy fame, said: “Well, here’s another nice mess you’ve gotten me into!” That’s what happened with the citation of three non-existent cases in a motion for early termination of supervised release that was filed in U.S. v. Cohen, 2023 WL 8635521 (S.D.N.Y. Dec. 12, 2023). In a […]
December 13, 2023
Published by Michael Berman at December 13, 2023
Modern attachments have garnered a lot of attention. See, e.g., More on “Modern Attachments,” “Pointers,” or Hyperlinked Documents – Humpty Dumpty and “Usability”. and T. Thames, Modern attachments and eDiscovery: Navigating the complexities of linked documents (onna.com) Most of that attention has been focused on what I call the “Humpty Dumpty” issue – – when […]
November 20, 2023
Published by Michael Berman at November 20, 2023
Categories
In No Expert Needed to Introduce Data Pulled From Phone at Trial (bloomberglaw.com) (Oct. 13, 2023), Mr. Peter Hayes reported on United States v. Williams, 83.F4th 994 (5th Cir. Oct. 13, 2023). Mr. Hayes wrote: “A police officer who introduces evidence extracted from a cellphone at trial doesn’t need to be qualified […]
September 11, 2023
Published by Michael Berman at September 11, 2023
Categories
This weekend, Alicia L. Shelton, Esq., and I taught the first of a three-module electronic discovery class at the Community College of Baltimore County. While I have been teaching electronic discovery classes at the University of Baltimore School of Law for a decade, this is the first program focused on paralegal training. […]
May 13, 2023
Published by Michael Berman at May 13, 2023
Categories
This is a thank you to Kevin Spargo, Vice President of Computer Services Limited, and Navid Raoofian, President, Web interactive Technologies. My wife and I sponsored a Ukrainian family whose home and business were bombed and destroyed in Bakhmut. They arrived here about a week ago under a U.S. government program. I […]
April 9, 2023
Published by Michael Berman at April 9, 2023
Categories
A conviction for a sex offense was reversed in Mondragon v. State, 2023 WL 2806288 (Apls. Ct. Md. Apr. 6, 2023)(unreported), because the trial court erroneously denied a “missing evidence” instruction. This blog addresses the holding that negligent loss of important evidence was sufficient to sustain a sanction. The history of, and […]
December 16, 2022
Published by Michael Berman at December 16, 2022
Categories
The Sedona Conference recently published a public comment version of its “Primer on Managing Electronic Discovery in Small Cases” (Dec. 2022). There has long been an interest in low-cost technology. For example, two decades ago, I wrote “Low Cost Litigation Technology” (Md. Bar Journal Nov./Dec. 2000). Similarly, Craig Ball has blogged about […]
November 9, 2022
Published by Michael Berman at November 9, 2022
Categories
A new ABA Ethics Opinion addresses the “reply all” conundrum. The issue arises when sending counsel copies their client on an email and receiving counsel replies to all persons on the email. That is a communication by receiving counsel to sending counsel’s represented client. ABA Formal Opinion 503 states that, when sending counsel […]
August 14, 2022
Published by Michael Berman at August 14, 2022
Categories
“Hit reports” have various names.[1] One issue that has often arisen is whether a producing party must produce every document on a hit report requested by an opponent, even if irrelevant or nonresponsive to discovery requests. Craig Ball has blogged on this issue since 2013. However, his recent blog explains that “the […]
April 15, 2022
Published by Michael Berman at April 15, 2022
Categories
“An attorney who stores the confidential identity of their clients on a smartphone must not consent to share contact information with an app unless that information won’t be shared with any human, the New York State Bar Association said.” D. McAfee, New York Bar Outlines Attorneys’ Duty to Protect Smartphone Data (bloomberglaw.com) (Apr. 13, […]
August 11, 2021
Published by Michael Berman at August 11, 2021
Categories
Thanks to Phil Favro of Driven, Inc., for his excellent post “Snapchat Spoliation Case Highlights the Importance of eDiscovery Competence” (Driven, Inc., Jul. 20, 2021). Phil’s blog discusses the importance of understanding the features of various messaging programs. I have recently blogged about a District of Maryland decision that conditionally approves of […]
July 21, 2021
Published by Michael Berman at July 21, 2021
Categories
In a prior blog, “Burden of Proof of Spoliation,” I noted District of Maryland authority holding that: “Absent guidance from the Fourth Circuit, ‘the general approach of courts in the Fourth Circuit has been to apply the clear and convincing evidence standard, especially where a relatively harsh sanction like an adverse inference […]
July 20, 2021
Published by Michael Berman at July 20, 2021
Categories
There has long been a split of opinion as to the applicability of the “document correlation” provision of Rule 34(E)(i) to the production of ESI.* In April of this year, the Eastern District of Pennsylvania weighed in.** There is, however, a straightforward way to avoid the problem. It involves negotiation, cooperation, and […]
July 18, 2021
Published by Michael Berman at July 18, 2021
Categories
Federal prosecutors have been precluded from hiring an ESI vendor to assist with massive e-discovery in criminal cases arising out of the January 6th prosecutions. Deloitte Financial Advisory Services LLP is barred from helping federal prosecutors and other government staff sort and organize the huge volumes of electronic data and other evidence […]
February 14, 2021
Published by Michael Berman at February 14, 2021
Categories
Marc Hirschfeld’s presentation at Legal Week, “Navigating the Pitfalls of E-Discovery for Boutique Litigators,” is well worth watching on Vimeo and Legal Week. Marc is the owner and president of Precision Legal Services. Marc and I have collaborated on many projects. Marc discusses a number of topics in the one-hour video. Among […]
July 14, 2012
Published by Michael Berman at July 14, 2012
Categories
Bruce Olson and Tom O’Connor, “Electronic Discovery for Small Cases” (ABA 2012), addresses one of the most important topics in the ESI field, proportionality, in an elegant, clear, and concise manner. Its chief virtue is that, instead of listing a parade of horribles and describing multi-million dollar sanctions awards, it provides low-cost […]
May 2, 2011
Published by Michael Berman at May 2, 2011
Businesses manage their information technology assets through computer usage policies. Tonya L. Johnson recently provided an interesting post on the American Bar Association site. Noting the potential for error when “reply all” is selected inadvertently, she wrote that the market research firm, Nielsen, had removed that option from employee email systems. Ms. Johnson […]
April 25, 2011
Published by Michael Berman at April 25, 2011
Joshua Gilliland, author of the Bow Tie blog and Bow Tie Law blog, and president of Majority Opinion, LLC, was kind enough to provide me with a complimentary copy of his new iPad App, called The Deponent App. Deponent marries document assembly principles with a database of stock deposition questions that can be […]
April 18, 2011
Published by Michael Berman at April 18, 2011
Categories
Kate Paslin, Assistant General Counsel of AccessData Corporation, presented and discussed a number of the company’s software products to a University of Baltimore law school ESI seminar. Kate discussed CaseVantage 6 with secure sharing over web-based portals and the ability to define user profiles for, for example, expert witnesses or document reviewers, […]
April 17, 2011
Published by Michael Berman at April 17, 2011
Categories
Patrick Burke, Assistant General Counsel, described the capabilities of Guidance Software’s EnCase suite of applications to a University of Baltimore School of Law ESI seminar. In addition to enterprise collection and forensic preservation capabilities, Mr. Burke discussed the project-based capabilities of the new, low-cost EnCase Portable software. This product is simple to […]