Having recently transitioned from being a litigator to serving as a discovery neutral, I've gained a distinct perspective on the role of discovery neutrals in our legal system. This experience has highlighted both the...more
The Hon. James “Jay” Francis IV appointed Special Master in UMG Recordings, Inc. v. Uncharted Labs, Inc. - In UMG Recordings, Inc. v. Uncharted Labs, Inc., 2024 WL 4986962 (S.D.N.Y. Dec. 5, 2024), the parties could not agree...more
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...more
Dive into the cutting-edge world of eDiscovery with EDRM's dynamic webinar on August 16th! This informative and interactive event will provide you with a front-row seat to the conversations shaping the future of eDiscovery...more
Federal and state rules of civil procedure are intended to secure the just, speedy and inexpensive determination of every action. However, one activity that can thwart that goal is discovery, because the discovery process is...more
The Electronic Discovery Reference Model (EDRM), “a community of e-discovery and legal professionals who create practical resources to improve e-discovery and information governance,” has published a bench book for judges and...more
EDRM has just introduced a brand new “Special Masters and Discovery Mediators Bench Book” with participation from many judges and special masters. We will provide a link to download the Bench book for attendees....more
Surf’s Up Legacy Partners, LLC v. Virgin Fest, LLC, C.A. No. 19C-11-92 (Del. Super. June 6, 2022) - Delaware courts generally do not permit the redaction of non-responsive material that is otherwise not privileged....more
Former President Trump’s lawyers filed a motion in federal Court seeking the appointment of a “special master” to inspect the records seized from Mar-a-Lago by the FBI on August 8, 2022. This blog will address what a special...more
Former President Donald J. Trump filed a motion to appoint a Special Master to review the material seized by the FBI from Mar-A-Lago. The stated purpose of the review by the Special Master is to remove nonrelevant and...more
I was recently appointed Special Master (also known as a Special Referee) to supervise all pre-trial discovery in a matter pending in the New York State Supreme Court in the First Department pursuant to Civil Practice Law and...more
Recently, a federal Special Master in the District of New Jersey addressed whether a requesting party waives its right to relevant and discoverable documents when it fails to timely follow up on the responding party’s...more
Imagine you’re working on a relatively straightforward litigation matter involving a contract. You’ve agreed that “delivery” is a key search term for discovery. But as you’re reviewing your opponent’s production, you come...more
In a recent order, Justice Andrea Masley assigned a special discovery master to supervise discovery in Hindlin v. Prescriptions Songs LLC, et al., a “complex commercial action” with a “multitude of discovery issues[.]”...more
Even though many courthouses across the country are empty or hearing only a limited number of cases due to the coronavirus pandemic, cases are still being filed. While the pandemic has affected the processing of cases,...more
As New York State and the rest of the world continue to manage the effects of the COVID-19 pandemic, altering life as we knew it, there is a glimmer of hope that this pandemic will be sufficiently remediated to permit the...more
Hard to believe, but it took until August 29, 2019 for the North Carolina Court of Appeals to tackle the issue of eDiscovery for the very first time. But tackle it the court did....more
...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more