Data Map

Preparing an inventory of ESI

September 5, 2025

“Discovery on Discovery” Denied in “It Ends With Us” Lawsuit

Yesterday, I posted a blog titled “Discovery on Discovery” Permitted. “Discovery on Discovery” was denied in Lively v. Wayfarer Studios LLC, 2025 WL 2496307 (S.D.N.Y.  Aug. 29, 2025). Ms. Lively argued that the “Wallace Defendants” should be compelled to produce Signal messages, “including records that demonstrate a conversation took place, even if […]
February 11, 2025

Cross-Motions to Compel in Employment Lawsuit

In Cooper v. Baltimore Gas and Electric Co., 2025 WL 404246 (D. Md. Feb. 5, 2025)(Coulson, J.), Ms. Cooper sued BG&E and another employer for sexual harassment and discrimination.[1] The Court resolved cross-motions to compel.  Both discovery motions were granted in part and denied in part. The decision reflects the fact-specific nature […]
November 25, 2024

Court Denies Joint Motion for Entry of ESI Protocol

In Kinnee v. TEI Biosciences Inc., 2024 WL 4860792 (S.D. Cal. Nov. 21, 2024), the court denied the parties’ Joint Motion for Entry of an Order Governing Discovery of Electronically Stored Information. In my words, the Kinnee court denied a joint motion to approve an ESI Protocol because the defendants’ Fed.R.Civ.P. 26(a) […]
February 14, 2021

Marc Hirschfeld’s Legal Week Presentation

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 […]