Eric Goldman

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.”

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Joshua Gilliland

DECEMBER 10, 2015

I have met lawyers who have a crazy idea: They HAVE to read EVERY email, document, Excel file, video, and every other bit of ESI produced in discovery. Lawyers have a duty of competency to their client, and candor to the court, to look at what is relevant to their case and responsive to discovery requests. That position is wrong.

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e-discovery e-records Defendant e-filing 52

Discovery Advocate

JUNE 8, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 7, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Eric Goldman

AUGUST 11, 2023

Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. HELLO UETA and E-SIGN. In re: StubHub Refund Litigation , No. 22-15879 (9th Cir.

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Joshua Gilliland

JANUARY 7, 2016

The City further argued that since the Plaintiff’s had overly broad discovery requests, they should not be sanctioned for failing to preserve relevant ESI. Life lesson: Just because the Plaintiff has overly broad scope for discovery requests, does not justify the lack of a litigation hold. The Court applied the elements from Chin v.

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Percipient

JUNE 23, 2022

We are often asked if we incorporate artificial intelligence (“AI”) into our legal workflows and electronic discovery processes. That is, how the use of AI can be defended if its use is challenged by a judge or opposing party. In e-discovery, models can be tailored to a dataset such as Continuous Active Learning (CAL).

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