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Sale of Cellphone Leads to No Intent to Deprive for Plaintiff: eDiscovery Case Law

In Hernandez v. DiBiaso, Illinois Magistrate Judge Daniel McLaughlin granted Defendant DiBiaso’s Motion for Spoliation Sanctions in part, finding no intent to deprive, but recommending that Defendant DiBiaso be permitted “[t]o present evidence to the jury” regarding the sale of cellphone and the “[l]ikely relevance of the lost ESI,” but that the jury “[s]hall not be given instructions on any presumption or inference…

Order is “Clearly Erroneous” or “Contrary to Law”, Rules Court in OpenAI Case: eDiscovery Case Law

In the case In re OpenAI, Inc. Copyright Infringement Litig., regarding Magistrate Judge Ona T. Wang’s November 24, 2025 discovery order determining that OpenAI waived the attorney-client privilege with respect to communications in 2022, New York District Judge Sidney H. Stein stated that he “concludes pursuant to Federal Rule of Civil Procedure 72(a) that the…

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