Factual Background

Plaintiffs are former employees of Federal Reserve Bank of New York (Federal Reserve) whose employment was terminated when they refused to comply with Defendant’s requirement that its employees be vaccinated against Covid-19. Dkt. No. 24. Plaintiffs alleged that their terminations violated the Religious Freedom Restoration Act; the Free Exercise Clause of the First

Courts have recognized the perils of discovery on discovery and have sought to regulate the practice to prevent the “danger[s] of extending the already costly and time-consuming discovery process ad infinitum.”  Am. W. Bank Members, L.C., 2021 U.S. Dist. LEXIS 218480, at *5. As a baseline, many courts have held that failure to show

We can’t go on together with suspicious minds”—that is the premise of “discovery on discovery.” With suspicion on the mind, a party may believe that its opponent has wrongfully withheld information, documents, or other materials in discovery, and therefore may seek to have discovery on discovery. Discovery on discovery, also referred to as

Emojis Pose Challenges to Lawyers, Juries & Discovery Specialists

We have all used emojis.  Whether in our text messages or in our IMs, these wordless communications are commonplace.  In fact, by some estimates, more than 10 billion emojis are sent every day in various electronic messaging mediums. With the use of chat and mobile platforms

In re Diisocyanates Antitrust Litig., MDL 2862 (W.D. Pa. Jan. 26, 2023), is a multidistrict litigation concerning an alleged conspiracy to reduce supply and increase prices for methylene diphenyl diisocyanate (MDI) and toluene diisocyanate (TDI), precursor ingredients for the manufacture of polyurethane foam and thermoplastic polyurethanes.

During discovery, the parties filed various motions with

Data collection[1] can be technically rigorous and complex because it involves extracting potentially relevant electronically stored information (ESI) from native sources for processing, review, and production. Recognizing this complexity, an effective collection strategy likely involves both legal and IT professionals.

Once your team is established, you should decide what, among the materials preserved, should

This is the second post in a three-part series dedicated to discussing considerations at each stage of the eDiscovery process. Today’s post focuses on identifying and interviewing custodians.

Because it is critical to assess the nature and extent of a client’s electronically stored information (ESI), attorneys must identify ESI custodians[1] and find out what

It can be time-consuming to create workflows with each new litigation. And so, we offer three blog entries dedicated to considerations at each stage of the eDiscovery process.  Specifically, over the next three posts we will explore workflow considerations for each of: Preservation and Legal Hold Workflow; Custodian Identification and Interview; and Collecting and Producing with

The Court’s statutory and inherent authority to impose sanctions for eDiscovery spoliation remains important for the administration of justice and judicial case management. However, sanctions a court imposes to remediate discovery misconduct when a party fails to preserve potentially relevant information and that failure is shown to have been an intentional act to deprive the