Ethical issues presented by ESI.
- 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?
August 12, 2026
Published by Michael Berman at August 12, 2026
Categories
Yesterday, I posted Don’t Sue the Judge. There is an interesting spinoff. Ian Round reported on a Judicial Ethics opinion holding that Judges don’t have to recuse if sued by litigant, MD ethics committee rules – Maryland Daily Record (Aug. 11, 2026). Mr. Round reports that the Judicial ethics opinion arose out […]
August 10, 2026
Published by Michael Berman at August 10, 2026
Categories
The United States District Court for the District of Maryland has issued Standing Order 2026-03 titled “In Re: Use of Generative Artificial Intelligence in Court Filings.” Paragraph 1 states that, under Fed.R.Civ.P. 11, when an attorney or unrepresented party signs a pleading, written motion, or other paper, they are certifying that the […]
July 30, 2026
Published by Michael Berman at July 30, 2026
Categories
A condominium, Trailsedge Owners Association, Inc., sued the developer, Blue Moon, and others alleging design and construction defects. It requested $10 million in damages. The issue before the court arose out of the developer’s motion to compel. Blue Moon made an interesting challenge to privilege based on a disclosure to the condominium’s […]
July 29, 2026
Published by Michael Berman at July 29, 2026
Categories
“Courts confronted with lawyers involved in advising spoliation of evidence have concluded [that] such attorney-client communications are not shielded by the privilege due to the crime-fraud doctrine.” In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2026 WL 1632746 (N.D. Cal. Jun. 5, 2026). The court explained: “The specific crime-fraud at […]
July 23, 2026
Published by Michael Berman at July 23, 2026
Categories
Mr. Gruendel took a collection of documents from his former employer, defendant Figure AI, Inc. The court ordered them returned and, “Mr. Gruendel and his counsel must destroy and must not retain any of the Figure documents, and must cause the vendor to destroy the vendor’s copy of the Figure documents….” Figure […]
July 21, 2026
Published by Michael Berman at July 21, 2026
Categories
Use of A.I. is the express focus of proposed changes to the Maryland Rules. Proposed Comment [3] to Rule 19-303.3 and Proposed Comment [7] to Rule 19-301.1 expressly mention AI. The latter refers back to Rule 19-305.3. This post is based on the Minutes of the June 25, 2026, Open Meeting of […]
July 14, 2026
Published by Michael Berman at July 14, 2026
Categories
“A well-known proverb warns those who live in a glass house not to throw stones. What Plaintiffs did here is worse than that. The proverb assumes a rough parity — two flawed parties, each exposed, the hypocrite merely imprudent for hurling what could be hurled back. That is not what happened here. […]
July 13, 2026
Published by Michael Berman at July 13, 2026
Categories
Plaintiffs sued over their employer’s pandemic-era policy on masks, testing, and vaccination, claiming a valid religious exemption. The court wrote: The claims in this case are remarkably weak, at least as pleaded. We are more candid than usual in this assessment because the plaintiffs’ counsel Anthony F. Sabatini has not been candid […]
June 19, 2026
Published by Michael Berman at June 19, 2026
Categories
There is nothing new about courts asking a litigant to prepare an order, the litigant submitting an order that contained hallucinated authorities, and the court then signing the order. Litigant Forfeited Claim that Court Erred by Relying on Hallucinated/Fictional Cases (Mar. 11, 2026). In a recent decision, the Court of Appeals of […]
June 17, 2026
Published by Michael Berman at June 17, 2026
Categories
An attorney who copied and pasted non-existent case law from a pro se memorandum was sanctioned. “Father cites three cases that do not exist as cited….” Additionally, actual cases were cited for propositions that did not exist in the real case. One was “overstated.” Ajakaiye v. Oladipupo, 2026 WL 1733336 (Appl. Ct. […]
June 3, 2026
Published by Michael Berman at June 3, 2026
Categories
“This is not a Professional Ethics issue spotter. These are the facts of Quinn Emanuel’s conduct in the instant litigation, as investigated by the appointed Special Master. The Special Master reviewed internal firm communications and took testimony from the involved attorneys under oath. His thorough investigation revealed not the misstatement or inadvertence […]
June 2, 2026
Published by Michael Berman at June 2, 2026
Categories
Adams v. Anderson, 2026 WL 1501021 (Ct. Apls. Ky. May 29, 2026)(unpublished), was an unsuccessful appeal from a holding of criminal contempt with a sentence of 45 days incarceration. It arose out of a divorce action. Ms. Adams and Mr. Anderson were parents of two minors. The family law court held a […]
May 24, 2026
Published by Michael Berman at May 24, 2026
Categories
Like most, if not all, federal courts, the District of Nevada has a local rule that permits it to consider motions with or without a hearing. However, there is a novel twist in one Judge’s Standing Order: Judge Baldwin encourages litigants to permit more junior members of the litigation team to present […]
May 22, 2026
Published by Michael Berman at May 22, 2026
Categories
In Davis v. Marion Co. Superior Court Juvenile Detention Ctr., 2026 WL 1408448 (S.D. Ind. May 20, 2026), the court took a novel view of artificial intelligence. The all-too-common issue presented in Davis was whether the court should “personally sanction Plaintiff’s counsel, …, for including two non-existent legal citations in a brief […]
May 15, 2026
Published by Michael Berman at May 15, 2026
Categories
It does not bode well for a litigant when an appellate court cites as precedent that it is sanctionable to refer to opposing counsel as “babe” or a “bimbo.” But that is the reference made in Ginexi v. Liberty Mountain Race Team, Inc., 2026 WL 1242829 (Appl. Ct. Md. May 6, 2026)(unreported).[1] […]
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 […]
May 3, 2026
Published by Michael Berman at May 3, 2026
Categories
“[S]o that the clear does not become cloudy, we state the obvious: Using generative artificial intelligence to generate legal briefs and then simply cite-checking them bears no resemblance to the competent practice of law….When lawyers trade reflection for automation, they surrender the very quality that makes their words worthy of belief. Although […]
May 2, 2026
Published by Michael Berman at May 2, 2026
Categories
In Jones v. Delta Air Lines, Inc., 2026 WL 1091186 (E.D. Mich. Apr. 22, 2026), the court addressed the pro se deponent’s use of artificial intelligence during a deposition. It prohibited her use of ChatGPT to answer questions and held that her use of ChatGPT was not protected by the attorney-client privilege. […]
April 28, 2026
Published by Michael Berman at April 28, 2026
Categories
In Elite Semiconductor, Inc. v. Anchor Semiconductor, Inc., 2026 WL 1097741 (N.D. Cal. Apr. 22, 2026),the court addressed the scope of a senior attorney’s duty to check a privilege log prepared by a senior associate. Plaintiff, Elite, was found to be liable for Defendants’ attorney’s fees in a trade secret lawsuit. Defendants […]
April 17, 2026
Published by Michael Berman at April 17, 2026
Categories
“Artificial intelligence can be a useful discovery tool. However, as discussed below, AI is not a substitute for attorneys and litigants exercising independent judgment and oversight in the discovery process. Relatedly, the Court once again reminds counsel of their obligation to meaningfully meet and confer with one another before seeking the Court’s […]
April 3, 2026
Published by Michael Berman at April 3, 2026
Categories
In Kafeel v. Apple, Inc., 2026 WL 892016 (N.D. Cal. Apr. 1, 2026), the court denied a request for a preservation order. The decision, properly, in my opinion, does not apply the preliminary injunction standard to a motion for a preservation order. Plaintiff moved for a “preliminary injunction” to prevent alleged “imminent […]
March 16, 2026
Published by Michael Berman at March 16, 2026
Categories
Maryland’s Standing Committee on Rules of Practice and Procedure will hold an open meeting on March 20, 2026. In part, the agenda includes a proposed artificial intelligence rule. Md. Rule 1-311 is the analog of Fed.R.Civ.P.26(g). As currently drafted, Rule 1-311 states that the signature of an attorney on a pleading or […]
January 17, 2026
Published by Michael Berman at January 17, 2026
Categories
A hallucinated citation issue was addressed in Boyd v. Lee, 2026 WL 111263 (Appl. Ct. Md. Jan. 14, 2026)(unreported). Hallucinated case citations are “old news.” To paraphrase, “[I]t is no longer amateur hour.” (Feb. 12, 2021)(citation omitted). Maryland has not been immune. Maryland Fake Citation Case – Court Issues a Warning – […]
January 4, 2026
Published by Michael Berman at January 4, 2026
Categories
In its verified discovery responses, Defendant PHH identified two people as “key actors” in connection with the loan at issue. Further: “At a hearing before this Court on this very point – the level of authority of these employees – PHH stood by its responses, a point which the Court confirms from […]
December 27, 2025
Published by Michael Berman at December 27, 2025
Categories
Plaintiff filed an ex parte motion seeking an order requiring defendants to produce documents without redactions. The motion was denied without prejudice for failure to meet and confer, and failure to follow ordinary discovery procedures. Additionally, Plaintiff and Plaintiff’s counsel were ordered “to show cause as to why they should not be […]
December 21, 2025
Published by Michael Berman at December 21, 2025
I posted 237 blogs this year to date. Many are on EDRM or JD Supra. Some that may be worth reading are: An “ESI Protocol” is Not a Rule 26(f) “Discovery Plan” What is the Purpose of an ESI Protocol? Court Addresses Seven Key Issues Artificial Intelligence in Maryland Courts “Just When […]
November 4, 2025
Published by Michael Berman at November 4, 2025
Categories
A trial court imposed a $10,000 sanction on attorneys for conducting juror research on a social media platform in a $174 million lawsuit. Elliot Weld, Alston & Bird Sanctioned $10K For LinkedIn Juror Research – Law360 (Oct. 29, 2025); Contour IP Holding, LLC v. GoPro, Inc., No. 17-cv-04738-WHO (N.D. Cal. Oct. 28, […]
October 21, 2025
Published by Michael Berman at October 21, 2025
Categories
Where a company official used company email for privileged communications and sold the server holding those communications, he waived the attorney-client privilege. Jim Daws Trucking, LLC v. Daws, Inc., 2025 WL 27111278 (D. Neb. Sep. 23, 2025). The Jim Daws court denied defendants’ “Motion for Protective Order and Destruction of Privileged Documents […]
September 11, 2025
Published by Michael Berman at September 11, 2025
In Golat v. Wisconsin State Court System, 2025 WL 2466697 (W.D. Wis. Aug. 27, 2025)(“Golat II”), the court wrote that omitting a relevant email that was contained in an email chain violated counsel’s duty of candor to the court. This blog is an update of Half-Baked Motion to Compel Was Not Prompt, […]
September 2, 2025
Published by Michael Berman at September 2, 2025
Categories
There is a problem when the court writes that it “reminds the Parties … that they are engaged in civil litigation, and the Court urges all involved to conduct themselves accordingly.” Pendleton v. Revature LLC, 2025 WL 2493090, at *5 (W.D. Wash. Aug. 11, 2025)(emphasis in original; citation and quotation omitted). It […]
August 11, 2025
Published by Michael Berman at August 11, 2025
Categories
“The Court agrees that inclusion of the entire deposition transcript served no proper purpose and accordingly grants the motion to strike.” Lively v. Wayfarer Studios LLC, 2025 WL 2298247, at *1 (S.D.N.Y. Aug. 8, 2025). Defendants, the “Wayfarer Parties,” filed a letter asserting that there is no evidence that they participated in […]
July 14, 2025
Published by Michael Berman at July 14, 2025
Categories
Bloomberg Law reports that Meta Files for Appellate Relief to Bar Zuckerberg Deposition (Jul. 11, 2025). Mr. Ufonobong Umanah wrote that “Meta claims Ninth Circuit courts have split over apex doctrine.” He added: The presumption that CEOs get to avoid depositions—formalized under the apex doctrine—may be weakening. But some experts have defended […]
June 18, 2025
Published by Michael Berman at June 18, 2025
Categories
Fed.R.Civ.P. 26(g) is called the “stop and think” rule. In Grullon v. Lewis, 2025 WL 1693425 (S.D.N.Y. Jun. 17, 2025), the court found a violation of that rule. The court held that: To satisfy the requirements of Rule 26(g)(1) and comply with counsel’s ethical obligations as an officer of the Court, counsel […]
May 24, 2025
Published by Michael Berman at May 24, 2025
Categories
Marris Hoffee and Michael Berman Milne v. ProAll Int’l. Mfg., Inc., 2025 WL 1374124 (C.D. Cal. May 12, 2025), presents an unremarkable holding arising from remarkable facts. Plaintiffs brought tort claims, including fraud, against Defendants and later filed a motion for discovery sanctions. Under the court’s local rules, such motions require a […]
May 16, 2025
Published by Michael Berman at May 16, 2025
Categories
In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations. The Special Master pointed out some of them. The plaintiff resubmitted a corrected filing; however, that second submittal still contained erroneous citations. Two strikes and you’re out. The […]
May 5, 2025
Published by Michael Berman at May 5, 2025
Categories
In MyPillow Attys Blame Filing Error After Judge Suspects AI Use – Law360 (Apr. 28, 2025), Andrea Keckley reported that: “Attorneys representing MyPillow CEO Mike Lindell in a defamation lawsuit from a former Dominion Voting Systems Corp. executive have told a Colorado federal judge that a February brief the court suspected of […]
April 18, 2025
Published by Michael Berman at April 18, 2025
Categories
In Jayne H. Lee, Inc. v. Flagstaff Industries Corp., 173 F.R.D. 651 (D. Md. 1997), plaintiff’s counsel “was dissatisfied with the response by the defendant to the interrogatories and requests for production of documents which the plaintiff had filed….” What happened next was a mistake. Plaintiff, “without ever seeking to file a […]
March 26, 2025
Published by Michael Berman at March 26, 2025
Categories
In Wilbert v. Pyramid Healthcare, Inc., 2025 WL 873947 (W.D. Pa. Mar. 20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery…. Given [1] the breadth and scope of Attorney XXXX’s[1] ESI Requests and [2] the […]
March 18, 2025
Published by Michael Berman at March 18, 2025
Categories
CNN reports that Chief Justice Roberts rebukes Trump and GOP rhetoric about impeaching judges | CNN Politics (Mar. 18, 2025). John Fritze wrotethat: Chief Justice John Roberts pushed back on President Donald Trump’s escalating rhetoric against the federal judiciary on Tuesday in a highly unusual statement that appeared to be aimed at […]
March 15, 2025
Published by Michael Berman at March 15, 2025
Categories
The Hon. Paul W. Grimm (ret.) recently published Why Impeachment Threats Against Judges Will Fail: Legal Insight (Bloomberg Mar. 6, 2025). Judge Grimm wrote: In the entire history of the US, only 21 civil officers have faced impeachment: three presidents (none convicted), one senator (expelled, with his charges dismissed), one secretary of […]
March 3, 2025
Published by Michael Berman at March 3, 2025
Categories
Campbell v. Aberdeen Providing Ground Federal Credit Union, 2025 WL 608046 (D. Md. Feb. 25, 2025)(Bredar, J.), is an employment discrimination case. At its most general level, the holding was that “a litigant may not invoke the courts to assert their legal rights, then engage in extralegal conduct.” At issue was ESI […]
February 8, 2025
Published by Michael Berman at February 8, 2025
Categories
In Sullivan v. Wyatt, 2023 WL 1812733 (Appl. Ct. Md. Feb. 7, 2023)(unreported), the Court affirmed an award of damages to plaintiff (“Rebecca”), daughter of the decedent, due to the exertion of undue influence by the second wife of the decedent (“Joan”). After a five-day trial, the jury awarded Rebecca, the daughter, […]
January 30, 2025
Published by Michael Berman at January 30, 2025
Categories
Kudos to the Maryland State Bar Association for publishing Articles Launching Unfair Personal Attacks Against Maryland Judiciary Must Stop | Maryland State Bar Association. The article supports a Maryland Judge who was criticized in the media in what the MSBA called an “unjustified personal attack against a sitting judge, who, by law, […]
January 14, 2025
Published by Michael Berman at January 14, 2025
Categories
In Ex-Prosecutor Disbarred For Fabricating Harassing Texts – Law360 (Jan. 7, 2025), Thy Vo reported on a fabrication of evidence case. The decision, State of Colorado vs. Yujin Choi, No 24PDJ019,is not yet posted on Recent Disciplinary Decisions – Colorado Supreme Court. The Law 360 article reports that the former prosecutor was […]
January 4, 2025
Published by Michael Berman at January 4, 2025
Categories
In Hall v. Trivest Partners L.P., 2024 WL 514015 (E.D. Mich. Dec. 17, 2024), the court rejected a demand that opposing counsel state under oath that counsel had properly conducted discovery. The court wrote: Lastly, Plaintiffs seek an order compelling Trivest Defendants to attest to having undertaken “proper efforts to ensure that […]
January 3, 2025
Published by Michael Berman at January 3, 2025
Categories
In Sterling Computers Corporation v. International Busn. Machines Corp., 2024 WL 5168014 (D. S. Dak. Dec. 19, 2024), the court addressed: (1) whether the duty to meet and confer before moving to compel extends the time for filing such a motion; and, (2) how to show that an opponent’s production is incomplete. […]
November 12, 2024
Published by Michael Berman at November 12, 2024
Categories
In Delaware Judges, Law Clerks Cleared to Use Generative AI Tools (Bloomberg Law Oct. 22, 2024) Jennifer Kay reports that “Delaware judges, law clerks, and other court staff using approved generative artificial intelligence tools assume responsibility for the accuracy of any materials produced with the emerging technology, under an interim policy announced […]
October 16, 2024
Published by Michael Berman at October 16, 2024
Categories
Kranz & Associates Holdings, LLC v. Lain, 2024 WL 4476655 (N.D. Cal. Oct. 11, 2024), appeared to be a run-of-the-mine trade secrets dispute. When it came to discovery, it wasn’t. Kranz, a former employer, sued Kimberly Lain, a former employee, alleging misuse of confidential information. Ms. Lain also owned Tekvantage, Inc. Her […]
August 30, 2024
Published by Michael Berman at August 30, 2024
Categories
Felder v. MGM National Harbor, LLC, 2024 WL 3690779 (D. Md. Aug. 7, 2024)(Simms, J.), addresses several important issues. First, in Felder, the Court ordered the parties to conduct a “meet and confer” session. That, of course, is unremarkable. However, the Court also ordered that the parties have a court reporter transcribe […]
August 15, 2024
Published by Michael Berman at August 15, 2024
Categories
In US Dominion, Inc. v. Byrne, 2024 WL 3792654 (D.D.C. Aug. 13, 2024), violations of protective orders led to disqualification of counsel. The court began its decision by stating: “This case arises out of the 2020 U.S. election. Plaintiffs US Dominion Inc., Dominion Voting Systems Inc., and Dominion Voting Systems Corporation (‘Dominion’) […]
August 14, 2024
Published by Michael Berman at August 14, 2024
Categories
In Felder v. MGM National Harbor, LLC, 2024 WL 3690779 (D. Md. Aug. 7, 2024)(Simms, J.), defendant was sanctioned for belatedly canceling depositions that were scheduled at the discovery cutoff date. This is the second blog of a four-part blog on Felder, an employment discrimination case. See Felder: Part 1 of 4: […]
June 3, 2024
Published by Michael Berman at June 3, 2024
Categories
In Robins Kaplan Can’t Escape Sanction Over Dropbox Access – Law360 (May 31, 2024), Emily Johnson reported on an appellate decision in the “Dropbox rummaging” sanctions case. A $150,000 sanction against both a law firm and its client was affirmed. Ms. Johnson reported: “The First Department of the New York Appellate Division […]
May 20, 2024
Published by Michael Berman at May 20, 2024
Categories
It is generally unwise to use private email accounts for company business. Clark v. Council of Unit Owners of the 100 Harborview Drive Condominium Association, 2024 WL 2155021 (D. Md. May 13, 2024)(Quereshi, J.), provides a good example. The Clark Court did two relevant things: It ordered targeted searches of the private […]
May 13, 2024
Published by Michael Berman at May 13, 2024
Categories
I previously wrote about the “Dropbox Rummaging” case. Please see “Self Help” Discovery in Someone Else’s Dropbox is Held to be Sanctionable (Nov. 10, 2023), and Sanctions Update in Dropbox “Rummaging” Decision (Dec. 1, 2023). In Robins Kaplan File Flub Bad Look For Both Sides, Panel Says – Law360 (May 8, 2024), […]
May 11, 2024
Published by Michael Berman at May 11, 2024
Categories
Sam Skolnik reported that the ABA Issues Opinion on Disclosing to Clients When Using Listservs (bloomberglaw.com)(May 8, 2024). The article states: Without informed client consent, the opinion found, “a lawyer participating in listserv groups should not disclose any information relating to the representation that may be reasonably connected to an identifiable client.” […]
May 10, 2024
Published by Michael Berman at May 10, 2024
Categories
I have posted five blogs – – with links below – – on In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293 (N.D. Cal. Feb. 20, 2024), subsequent opinion, 2024 WL 1808607 (N.D. Cal. Apr. 25, 2024). I did not, and could not, touch on every issue addressed […]
April 19, 2024
Published by Michael Berman at April 19, 2024
Categories
In Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. Apr. 3, 2024), the court wrote that “it would be in the parties’ interest to reach a negotiated result. It should not be forgotten that a party could be ‘right,’ but find itself on the losing side of a court’s ruling.”[1] A […]
February 23, 2024
Published by Michael Berman at February 23, 2024
Categories
The Hon. Paul W. Grimm (ret.) has written about the organized Bar’s duty to support the judiciary from unwarranted attacks. OpEd: Legal Profession Must ‘Speak Out’ Against Unfair Attacks (duke.edu)(Oct. 24, 2023). I have echoed Judge Grimm’s message. I Hear Crickets From the American Bar Association About Threats Against Colorado Justices – […]
February 16, 2024
Published by Michael Berman at February 16, 2024
Categories
Long ago, when my wife, Patricia, and I were looking for a house, we abandoned the term “master bedroom” in favor of “main bedroom.” Bloomberg Law reports that: The American Bar Association is asking the federal judiciary to follow states’ lead and stop using the term “court-appointed master,” citing accuracy and negative […]
February 1, 2024
Published by Michael Berman at February 1, 2024
Categories
In Client escapes sanction for lawyer’s refusal to appear on camera in Zoom deposition (abajournal.com)(Jan. 25, 2024,), Debra C. Weiss reported on Agnone v. Agnone, 2024 WL 242488 (Cal. App., 2d Dist., Jan. 23, 2024)(unreported). She wrote: The opinion described what happened at the deposition. [Attorney] Katofsky was in the same room […]
January 23, 2024
Published by Michael Berman at January 23, 2024
Categories
“Florida lawyers have new guidelines for using generative AI after the Board of Governors voted unanimously January 19 to approve Ethics Advisory Opinion 24-1.” See J. Ash, Board of Governors adopts ethics guidelines for generative AI use – The Florida Bar (Jan. 23, 2024). Mr. Ash reports that the version is substantially similar […]
January 10, 2024
Published by Michael Berman at January 10, 2024
Categories
In Hernandez v. La Fortaleza, Inc., 2024 WL 65217 (N.J. Super. Ct. App. Div. Jan. 5, 2024)(per curiam), plaintiffs’ slip and fall claim was dismissed with prejudice, and attorneys’ fees were also awarded, due to improper testimonial coaching during a virtual trial. The coaching was accompanied by a misrepresentation to the court. […]
January 5, 2024
Published by Michael Berman at January 5, 2024
Categories
In Discovery Violation Requires New Civil Rights Trial Against Cop (bloomberglaw.com)(Jan. 3, 2024), Mr. Bernie Pazanowski reported on Morgan v. Tincher, No. 21-2060, __ F.4th __ (4th Cir. Jan. 3, 2024). In short, plaintiff filed untimely interrogatories. Defendant responded without objecting that they were untimely. That omission waived the objection. However, defendant […]
January 2, 2024
Published by Michael Berman at January 2, 2024
Categories
“ESI Protocols” are discussed in judicial opinions, articles, webinars, and blogs. They are flexible and useful; however, they may not meet all of the requirements of Fed.R.Civ.P. 26(f). After a Rule 26(f) conference, that Rule requires a “report” with a “discovery plan” that contains information that may not be in an ESI […]
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 29, 2023
Published by Michael Berman at December 29, 2023
Categories
I posted 104 items this year. Several that may be worth re-reading are: How to Read a Load File More on “Modern Attachments,” “Pointers,” or Hyperlinked Documents – Humpty Dumpty and “Usability” Possession, Custody, or Control – Part II Don’t Be Too Nice When You Send a Preservation Notice Relevance Redactions Revisited […]
December 23, 2023
Published by Michael Berman at December 23, 2023
Categories
The Hon. Paul W. Grimm (ret.) recently wrote an OpEd stating that the Legal Profession Must ‘Speak Out’ Against Unfair Attacks (duke.edu)(Oct. 24, 2023). Judge Grimm called for members of the legal profession to defend judges “now, and with a renewed sense of urgency.” NBC reported that Colorado justices face flood of […]
December 6, 2023
Published by Michael Berman at December 6, 2023
Categories
As we approach the end of the year, it is an appropriate time to review Philip J. Favro, ed., Selected eDiscovery and ESI Case Law from 2023 (The Sedona Conf. 2023). Phil’s publication is an annual event. Book Review: Phil Favro’s “Selected eDiscovery and ESI Case Law from 2022-23″; Sedona Conference “Selected […]
December 1, 2023
Published by Michael Berman at December 1, 2023
Categories
In “Self Help” Discovery in Someone Else’s Dropbox is Held to be Sanctionable (Nov. 10, 2023), I wrote about the $156,000 sanction imposed for Dropbox “rummaging” in Pursuit Credit Special Opportunity Fund, L.P. v. Krunchcash, LLC, 2023 NY Slip Op. 33448(U) (Sup. Ct. N.Y. Co. Oct. 4, 2023)(unreported)(Cohen, J.). In Law 360, Mr. […]
November 30, 2023
Published by Michael Berman at November 30, 2023
Categories
The Supreme Court of Maryland has amended Maryland Attorneys’ Rule of Professional Conduct 19-304.4(c) (Rule 4.4(c)). Maryland’s new rule prohibits an attorney from seeking privileged information from a third person. If such information is disclosed to the attorney, the amended rule imposes a duty to terminate the conversation and provide notice to […]
November 16, 2023
Published by Michael Berman at November 16, 2023
Categories
My legal ethics professor said that the best thing is to do the right thing for the right reason. The next best thing is to do the right thing for the wrong reason. Surreptitiously feeding your client answers to deposition question in a remote deposition should be avoided because it is wrong. […]
November 13, 2023
Published by Michael Berman at November 13, 2023
Categories
Emma Cueto reports that the Mich. State Bar Says Judges Ethically Must Keep Up With AI – Law360 (Nov. 9, 2023); see Ethics Opinion: Judges Must Keep up with Advancing Technology (michbar.org). The full ethics opinion is posted at Ethics Opinions Search Detail (michbar.org). I don’t think it is a good idea, […]
November 10, 2023
Published by Michael Berman at November 10, 2023
Categories
“A trial-level judge in New York has sanctioned [attorneys’ name deleted] for ‘rummaging’ through the Dropbox of its litigation opponent after a third-party vendor accidentally revealed the link in discovery.” D. Cassens Weiss, Unauthorized ‘rummaging’ through opponent’s Dropbox leads to sanction against this law firm (abajournal.com)(Oct. 9, 2023); see also M. Laus, […]
October 26, 2023
Published by Michael Berman at October 26, 2023
Categories
“Florida lawyers might soon be required to get their client’s consent before using artificial intelligence on their legal matters.” Karen Sloan, “Florida bar weighs whether lawyers using AI need client consent | Reuters (Oct. 16, 2023). Ms. Sloan’s article reports that “Florida looks to be the first jurisdiction considering a consent rule […]
October 4, 2023
Published by Michael Berman at October 4, 2023
Categories
“The Court awards sanctions in the amount of $5,000 against [Attorney No. 1] and $3,000 against [Attorney No. 2], payable to” Bob Dylan. J.C. v. Robert A. Zimmerman a/k/a Bob Dylan, 2023 WL 6308493, at *12 (S.D.N.Y. Sept. 28, 2023); P. Hayes, Bob Dylan Awarded Sanctions in Dismissed Sexual Assault Case (bloomberglaw.com)(Sept. […]
September 27, 2023
Published by Michael Berman at September 27, 2023
Categories
“Artificial Intelligence (AI) and the Practice of Law,” by the Hon. Xavier Rodriguez, is available at 24 Sedona Conf. J. 783 (forthcoming 2023).[1] The article focuses on issues that “practicing attorneys are likely to encounter and steps state bars and related entities should consider.” Id. at 786. Sedona’s website states: Judge Rodriguez […]
September 7, 2023
Published by Michael Berman at September 7, 2023
Categories
Craig Brodsky has written Taking discovery obligations seriously – Maryland Daily Record (thedailyrecord.com)(September 6, 2023). The article explains the application of the Maryland Attorneys Rules of Professional Conduct (“MARPC”) to the discovery rules, cites recent Maryland case law, summarizes the sanctions in Freeman v. Giuliani,[1] and concludes that full and timely discovery […]
July 5, 2023
Published by Michael Berman at July 5, 2023
Categories
The issue of whether irrelevant material in a relevant document can be redacted when the document is produced in discovery has long been a hot topic. See, e.g., Relevance Redactions Rejected – Rule 26(f) Resolution – E-Discovery LLC (ediscoveryllc.com)(Mar. 23, 2022). In that blog, I suggested that negotiation is the best solution. […]
May 24, 2023
Published by Michael Berman at May 24, 2023
Categories
The Maryland Standing Committee on Rules of Practice & Procedure (“Rules Committee”) met on May 19, 2023, and recommended a number of changes to the Maryland Rules. This blog is limited to proposed changes related to formal and informal discovery. MARYLAND IS ONE-STEP CLOSER TO ABANDONING THE “SAFE HARBOR” Maryland is one […]
May 18, 2023
Published by Michael Berman at May 18, 2023
Categories
Phil Favro and The Sedona Conference have released “Selected eDiscovery and ESI Case Law from 2022-23” (2023). This is a sequel to Phil’s 2021-22 publication. I wrote that the prior book was “an excellent resource in an always-changing field.”[1] As in the prior work, Phil’s new publication runs the gamut of topics […]
May 7, 2023
Published by Michael Berman at May 7, 2023
Categories
The key takeaway from G.H. Le Doux v. Western Express, Inc., 2023 WL 2842777 (W.D. Va. Apr. 7, 2023), is don’t spoliate evidence when your opponent has a photograph of it. While the Le Doux defendant “succeeded in destroying a considerable amount of ESI,” in the words of The Hon. Paul W. […]
April 17, 2023
Published by Michael Berman at April 17, 2023
Categories
Government Employees Health Assoc. v. Actelion Pharmaceuticals, Ltd., __ F.R.D. ___, 2023 WL 316578 (D. Md. Jan. 19, 2023)(Coulson, J.), provides a textbook application of Fed.R.Civ.P. 37(e) in an antitrust lawsuit with a complex fact pattern. The Court rejected Rule 37(e)(2) sanctions and engaged in a sophisticated analysis to fashion Rule 37(e)(1) […]
April 16, 2023
Published by Michael Berman at April 16, 2023
Categories
A recent article, Josephine M. Bahn, Individual Lawyers—Not Firms—Must Pay Discovery Sanctions (americanbar.org)(Jan. 20, 2023), describes a Sixth Circuit decision, NPF Franchising, LLC v. SY Dawgs LLC, No. 21-3516 (June 15, 2022), holding that individual attorneys – not their law firms – were jointly and severally liable for discovery sanctions. The opinion states […]
April 12, 2023
Published by Michael Berman at April 12, 2023
Categories
Cell phones have led to thorny legal issues. For example, in Juror’s Cellphone Not Subject to Search (americanbar.org)(Feb. 21, 2023), Steven B. Chaneles, wrote that, in response to a post-verdict challenge: “A federal appeals court ruled that a trial judge has no authority to order a search of a juror’s cellphone….” The […]
April 6, 2023
Published by Michael Berman at April 6, 2023
Categories
Nicassio v. XYZ Law Firm, 2023 WL 2661156 (Apls. Ct. Md. Mar. 28, 2023)(unreported), demonstrates the wisdom of candor when it comes to potential spoliation.[1] It also reinforces the well-established need to periodically remind custodians of their duty to preserve potentially responsive information. Litigation often drags on long after issuance of an […]
March 22, 2023
Published by Michael Berman at March 22, 2023
Categories
“Counsel’s knowing use of the opposing side’s privileged documents, however obtained, is a ground for disqualification, a California appeals court ruled Tuesday in a dispute among cannabis company co-owners.” Joyce E. Cutler, Counsel’s Disqualification Upheld Over Use of Privileged Emails (bloomberglaw.com)(2023), describing Militello v. VFarm 1509, __ Cal.Rptr.3d __, 2023 WL 2579204 […]
March 18, 2023
Published by Michael Berman at March 18, 2023
Categories
Hur v. Lloyd & Williams, LLC, 523 P.3d 861 (Wash. App. Div. 3 2023), presents another in a long list of redaction errors.[1] Two significant errors occurred in the contract dispute action. Defense counsel “inadvertently disclosed information subject to a claim of privilege when it sent electronic discovery responses to opposing counsel […]
March 15, 2023
Published by Michael Berman at March 15, 2023
Categories
In Gunter v. Alutiiq Advanced Security Systems, LLC, 2023 WL 2330707 (D. Md. Mar. 2, 2023)(Rubin, J.), the Court relied in part on Fed.R.Civ.P. 41(b) to dismiss a litigant’s lawsuit for failure to comply with the Federal Rules of Civil Procedure. The case involved egregious[1] misconduct that included fraud on the Court, […]
March 9, 2023
Published by Michael Berman at March 9, 2023
Categories
Taken together, the following three cases demonstrate that surreptitious “self-help” to obtain evidence from an opponent outside of the discovery process, even if it occurs prior to commencement of an action, is – at a minimum – imprudent. In Cruse, alleged hacking resulted in disqualification of counsel who used the fruits of […]
March 7, 2023
Published by Michael Berman at March 7, 2023
Categories
The decision in Attorney Grievance Comm’n. of Md. v. Sloane, __ Md. __ (Mar. 2, 2023), covers many issues. The respondent attorney was suspended from the practice of law in Maryland with the right to apply for reinstatement after six months. Much of the sanction was due to discovery misconduct in a […]
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 12, 2022
Published by Michael Berman at November 12, 2022
Categories
If a litigant has actual knowledge that an opponent’s proposed search terms will not “hit” on responsive, proportional ESI, does the litigant have a duty to tell the opponent?[1] In Advanced Magnesium Alloys Corp. v. Dery, 2022 WL 3139391 (S.D. Ind. Aug. 5, 2022), the plaintiff, Advanced Magnesium, alleged that defendant Dery conspired […]
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 […]
September 26, 2022
Published by Michael Berman at September 26, 2022
Categories
A recent ABA article describes a court sanctioning a litigant for pouncing on “any little ambiguity” to obstruct discovery and delay production of “obviously responsive materials.” Debra Cassens Weiss, Judge criticizes [law firm name omitted] and [litigant’s name omitted] for alleged effort to ‘obstruct and delay’ discovery (abajournal.com) (Sep. 16, 2022). According […]
August 28, 2022
Published by Michael Berman at August 28, 2022
Categories
Kathryn Rubino’s post, Attorney’s Group Text Goof Leads To Mistrial – Above the Law (Aug. 22, 2022), describes what happened when a prosecutor sent a group text to a group of prosecutors. The group text criticized a judge’s ruling excluding evidence: “Regrettably for [attorney’s name omitted], Judge [name omitted] — a former prosecutor […]
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 […]
August 6, 2022
Published by Michael Berman at August 6, 2022
Categories
Bloomberg Law reports: Two attorneys for Alex Jones could potentially face discipline for wrongfully releasing the medical information of plaintiffs in a case accusing the InfoWars host of defaming them, Connecticut court filings show. … On Thursday, the Superior Court for the Judicial District of Waterbury ordered two of Jones’ attorneys, Andino […]
June 23, 2022
Published by Michael Berman at June 23, 2022
Categories
Two recent articles describe alleged “win-at-all-costs” tactics in defense of wrongful conviction lawsuits in Baltimore and Chicago. They point to, on the one hand, allegations of damages claims for unreasonable amounts by exonerees and, on the other, alleged scorched earth defenses costing millions of dollars and subjecting exonerees to unreasonable indignity. I […]
June 22, 2022
Published by Michael Berman at June 22, 2022
Categories
In Troyce Manassa v. National Collegiate Athletic Association, 2022 WL 2176334 (S.D. Ind. June 16, 2022), a motion to disqualify counsel was denied. Plaintiffs are represented by the law firm of “FeganScott.” They sued the NCAA. “Upon learning that a FeganScott staff attorney moonlighted as a document reviewer for the NCAA in […]
June 1, 2022
Published by Michael Berman at June 1, 2022
Categories
Lorraine v. Markel Am. Ins. Co., 241 F.R.D. 534 (D. Md. 2007), fills 67 pages on Westlaw. In the Complaint, the plaintiff sought $36,000 plus interest, attorneys’ fees, and costs.[1] The Counterclaim sought to enforce a $14,100 arbitration award.[2] The decision is a treatise on admissibility of ESI, stating: Although cases abound […]
May 20, 2022
Published by Michael Berman at May 20, 2022
Categories
The ABA reports that a Judge criticizes ‘nasty litigation tactics’ while sanctioning BigLaw firm (abajournal.com)[1] Sanctions were based on statements the court deemed to be untrue and deposition conduct the court deemed to be unprofessional and rude.[2] The court wrote: After considering all the evidence and arguments, I find that Stryker failed […]
April 29, 2022
Published by Michael Berman at April 29, 2022
An excellent article by Brian A. Zemel, All Things Errata (americanbar.org)(ABA Apr. 19, 2022), addresses the scope of changes a deponent may make to an errata sheet. He explains: If the deponent’s submission is procedurally valid, counsel should then determine whether the witness’s changes were substantive and whether the jurisdiction permits such changes. […]
April 29, 2022
Published by Michael Berman at April 29, 2022
Categories
Much has been written about “friending,” especially deceptive friending or friending of represented parties, in the civil litigation context. For example, under Philadelphia Bar Association Professional Guidance Committee Opin. 2009-02 (Mar. 2009), an attorney or those supervised by the attorney may not use deceptive conduct to access an unrepresented person’s social media […]
April 28, 2022
Published by Michael Berman at April 28, 2022
Categories
Metadata has been embraced, loved, cursed, and vilified. It has been written about in inconsistent ethics opinions about “mining.” Failure to preserve or produce it has led to the imposition of sanctions in litigation. It has been “scrubbed,”[1] sliced, diced, defined, and classified as application or system metadata and system-generated or user-created.[2] […]
April 27, 2022
Published by Michael Berman at April 27, 2022
Categories
The ABA recently reported on a proposal that Lawyers should be able to practice law in any state, says group urging ABA model rule change (abajournal.com). The proposal appears especially well-suited to ESI.[1] The author, Debra Cassens Weiss, reports that “[t]he proposed rule change by the Association of Professional Responsibility Lawyers emphasizes the concept […]
April 21, 2022
Published by Michael Berman at April 21, 2022
Categories
Philip J. Favro, Esq., has edited the just-published “Selected eDiscovery and ESI Case Law from 2021-22” (The Sedona Conference 2022). This is an excellent resource in an always-changing field. Phil’s work runs the gamut of topics, including cooperation, ephemeral messaging, ESI protocols, ethics, Fed.R.Evid. 502(d), privilege logging, redactions, litigation holds, social media, […]
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, […]
April 10, 2022
Published by Michael Berman at April 10, 2022
Categories
I have written about Misconduct in Remote Trials and Misconduct in Remote Depositions. In the words of Yogi Berra, “it’s deja vue all over again.” Improper Texting During Remote Testimony Can Result in Significant Consequences to Litigants and Lawyers | Publications | Insights | Faegre Drinker Biddle & Reath LLP. Traci McKee […]
March 31, 2022
Published by Michael Berman at March 31, 2022
Categories
Although the ABA’s “technological competence” standard is a good “first step,” it could be improved. Simply telling attorneys “be competent” – – with no further guidance or implementation – – does little to advance the ball. Several articles make this point and suggest the need for additional specificity, education, and greater emphasis […]
February 13, 2022
Published by Michael Berman at February 13, 2022
Categories
In Arconic Corp., et al, v. Novelis Inc., et al., 2022 WL 409488 (W.D. Pa. Feb. 10, 2022), the Court denied a recusal motion that was based on metadata contained in the Court’s order. Specifically, Arconic moved to recuse the Judge based on “author” and “date created” metadata. Arconic asserted that the metadata showed […]
February 5, 2022
Published by Michael Berman at February 5, 2022
Categories
I recently wrote a blog Ethics: Misconduct in Remote Depositions. The ABA Journal has provided an example of misconduct in a virtual trial. D. Weiss, “Lawyer is suspended for coaching client using chat function during virtual trial” (ABA Journal Feb. 1, 2022). Ms. Weiss reports that: “An Arizona lawyer has consented to a two-month […]
December 9, 2021
Published by Michael Berman at December 9, 2021
Categories
In New Sedona Primer Implements the “Bull’s Eye View” of Discovery Requests, I discussed the recent “public comment” version of Sedona’s Primer on discovery requests. Here, I discuss Sedona’s 2018 “Federal Rule of Civil Procedure 34(b)(2) Primer: Practice Pointers for Responding to Discovery Requests,” 19 Sedona Conf.J. 447 (2018), in conjunction with […]
December 8, 2021
Published by Michael Berman at December 8, 2021
Categories
The Sedona Conference has released its “Primer on Crafting eDiscovery Requests with ‘Reasonable Particularity’” (Nov. 2021, Public Comment Version). The Primer is a valuable contribution. It gathers a substantial body of research in an easy-to-read, authoritative resource. It focuses entirely on discovery requests, not responses, and does so in depth. And, it […]
November 29, 2021
Published by Michael Berman at November 29, 2021
Categories
This blog addresses two remote deposition issues: 1) coaching by text messages; and, 2) coaching behind a COVID face mask. “A Florida lawyer has been suspended for 91 days for texting advice to a witness during a phone deposition and then failing to come clean when questioned by the opposing counsel and […]
November 28, 2021
Published by Michael Berman at November 28, 2021
Categories
Sanctions were imposed in DG BF LLC v. Ray, No. 2020-0459 (Del. Ch. Nov. 19, 2021).[1] The court dismissed a fraud and retaliation lawsuit for discovery abuse. Among other issues, plaintiff testified that he did not know what a “litigation hold” was, even though defendants sent a preservation demand to him. It […]
November 28, 2021
Published by Michael Berman at November 28, 2021
Categories
Collins v. Tri-State Zoological Park of Western MD, Inc., 2021 WL 5416533 (D. Md. Nov. 19, 2021), centers on allegations that defendants maintained a public nuisance by the neglect and ongoing mistreatment of animals residing at defendants’ zoo. On the spoliation issue, “Plaintiffs allege … that Defendants not only failed to issue […]
August 27, 2021
Published by Michael Berman at August 27, 2021
Categories
In Johnson v. Baltimore Police Dept., 2021 WL 1985014 (D. Md. May 18, 2021) (Boardman, J.), the Court addressed waiver of work product protection by showing documents to a third-party witness in deposition preparation. Twice before the deposition, plaintiff’s counsel showed three documents, several photographs, and one audio file to the deponent. […]
July 23, 2021
Published by Michael Berman at July 23, 2021
Categories
In Hyundai Motor Amer. Corp. v. N. American Automotive Svcs., Inc., et al., 2021 WL 3111191 (S.D. Fl. Jul. 22, 2021), sanctions were imposed against the plaintiff, Hyundai Motor America Corp. (“HMA”). At bottom, HMA failed to follow basic, well-established procedures to implement a litigation hold, and crucial evidence then went missing. […]
May 13, 2021
Published by Michael Berman at May 13, 2021
Categories
Bloomberg Law reports that a company has allegedly mishandled potentially important emails in a 70,000 person class action. J. Feeley and D. Glovin, “Sanofi Accused of Destroying Emails Tied to Zantac Recall” (Bloomberg May 11, 2021). The potential spoliator’s response is instructive. In the products liability action, plaintiffs allege that the defendant’s […]
March 16, 2021
Published by Michael Berman at March 16, 2021
Categories
Top Class Actions (“TCA”) ran a website “that provides information, among other things, about class actions, class action settlements, and class action investigations.” The site contained attorney advertising and articles concerning class actions and mass torts. Defendants served a subpoena on TCA seeking, among other things, communications from claimants and with law […]
March 12, 2021
Published by Michael Berman at March 12, 2021
Categories
New Jersey Ethics Opinion 739 (Mar. 10, 2021), again points to the dangers of copying one’s client on communications to opposing counsel. I discussed the ethical dangers of attorneys using “reply all” in a prior post. If an attorney “cc’s” the attorney’s client on a communication to opposing counsel, what happens when […]
February 12, 2021
Published by Michael Berman at February 12, 2021
Categories
In a February 11, 2021, post, Court Enforces Strict Sanctions For Failing To Be Competent In ESI Obligations | Farrell Fritz, P.C. – JDSupra , the author describes the sanctions decision in In DR Distributors, LLC v. 21 Century Smoking, Inc., a trademark dispute over electronic cigarettes, stating: As noted by Judge Johnson, “[i]t […]
January 4, 2021
Published by Michael Berman at January 4, 2021
Categories
In a May 2011 post, I discussed Computer Usage Policies and the “Reply All” Button. A recent article has expanded on that discussion. Erika Stillabower, “The (Ethical) Risks of ‘Reply All’,” The Washington Lawyer (July/August 2020), 54. Ms. Stillabower describes situations where opposing counsel “cc’s” that attorney’s client on an email. She […]
December 19, 2020
Published by Michael Berman at December 19, 2020
Categories
A few months ago, a Tennessee judge who was going through “a rough time” in his life, was publicly reprimanded for sending inappropriate messages to women on social media platforms. Some of the messages pictured him in a judicial robe. D. Weiss, “Judge is reprimanded for ‘flirtatious to overtly sexual social media […]
December 1, 2020
Published by Michael Berman at December 1, 2020
Categories
A recent ABA practice point described Radiation Oncology Servs. of Cent. N.Y., P.C. v. Our Lady of Lourdes Mem’l Hosp., Inc., 2020 NY Slip Op 20133, ¶ 2, 69 Misc. 3d 209, 126 N.Y.S.3d 873, 875 (Sup. Ct.) (decided June 9, 2020) (Masler, J.). In Radiation Oncology, the court addressed when a litigation hold […]
November 28, 2020
Published by Michael Berman at November 28, 2020
Categories
In Faulkner v. Aero Fulfillment Services, 2020 WL 3048177 (S.D.Oh. June 8, 2020), the court held that deactivation of a LinkedIn site after it had been downloaded and produced breached the duty to preserve that ESI. However, the sanction was limited to an admonishment due to the absence of prejudice. The problem […]
November 27, 2020
Published by Michael Berman at November 27, 2020
Categories
In Optronic Tech, Inc. v. Ningbo Sunny Elec. Co., Ltd., 2020 WL 2838806 (N.D. Cal. June 1, 2020), sanctions were imposed against defense counsel, essentially because the court determined that trial counsel had attempted to hand off their Rule 26(g) obligations to their client’s inside counsel. There were several key points. Defense […]
May 12, 2020
Published by Michael Berman at May 12, 2020
Categories
I am pleased to announce the publication by the Maryland State Bar Association of M. Berman, et al., eds., ELECTRONICALLY STORED INFORMATION IN THE MARYLAND COURTS (2020). This book is intended as a practitioner’s handbook addressing primarily – but not exclusively – how ESI is addressed in Maryland State courts, comparing and […]
July 30, 2011
Published by Michael Berman at July 30, 2011
Categories
The American Bar Association has published M. Berman, C. Barton, and P. Grimm, eds., Managing E-Discovery and ESI: From Pre-Litigation Through Trial. The 761-page work features chapters by The Hon. Paul W. Grimm (D.Md.), The Hon. John M. Facciola (D.D.C.), The Hon. James C. Francis IV (S.D.N.Y.), and The Hon. Joseph F. […]