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E-Discovery Update: Seriously, Folks, the Federal Rules Have Changed

It has been well over a year since the 2015 amendments to the Federal Rules of Civil Procedure went into effect, and members of the judiciary are increasingly less tolerant of attorneys’ failure to conform to the new...more

E-Discovery Update: Get Your Metadata Straight

Tired of hearing about metadata? Here’s one case where it made a difference. In Singh v. Hancock Natural Res. Group, Inc., et al., 2016 U.S. Dist. LEXIS 179974 (E.D. Cal. Dec. 29, 2016), the parties had agreed to produce...more

E-Discovery Update: To TAR or Not to TAR, That Is the Question

Several years ago, we were told that technology-assisted review (TAR) was the wave of the future and, by now, manual attorney review would likely be a thing of the past. Although TAR has gained some traction, it is not yet...more

E-Discovery Update: No More Fishing Allowed!

Mark Twain warned, “Do not tell fish stories where the people know you; but particularly, don’t tell them where they know the fish.” Litigants should heed this advice, as courts are proving to be less tolerant of discovery...more

E-Discovery Update: Does Authority Always Win?

John Mellencamp sang, “I fight authority, authority always wins,” but inherent authority may not carry the day anymore when it comes to e-discovery sanctions under the new rules. Federal Rule of Civil Procedure Rule 37(e) now...more

E-Discovery Update: Producing Search-Term Hit Reports: Another Form of Discovery on Discovery

You may have learned everything you need to know in kindergarten, but perhaps sharing is overrated when it comes to a search-term hit report. A search-term hit report is generated when search terms are applied to a larger set...more

E-Discovery Update: Working 9 to 5 and Proving It

Class action lawsuits under the Fair Labor Standards Act (FLSA) involve unique discovery issues. Plaintiffs in these suits often propound burdensome discovery requests seeking login and logoff records from numerous...more

E-Discovery Update: Proportionality for Lawyers

Proportionality is not limited to Einstein’s equations and banter on The Big Bang Theory. The December 2015 amendments to the Federal Rules of Civil Procedure moved proportionality from Rule 26(b)(2)(C)(iii), which required a...more

E-Discovery Update: Changes to Rule 37’s Failure-to-Preserve-ESI Sanctions Impact Recent Rulings

For years, companies have battled different sanction standards for the failure to preserve documents. This led to over-preservation, where, to avoid accusations of “negligent” failure, companies preserved every shred of...more

E-Discovery Update: Jury Still Out on Whether New Federal Rules Will Significantly Impact Discovery

As noted in our December e-discovery update, the much-discussed amendments to the Federal Rules of Civil Procedure became effective December 1, 2015. One of the most notable amendments was the limitation on the scope of...more

E-Discovery Update: Discovery on Discovery Frowned Upon

Courts continue to view “discovery on discovery” - or discovery requests seeking information related to counsel’s attempts to preserve, collect and search data - with skepticism. See Banks v. St. Francis Health Ctr., Inc.,...more

E-Discovery Update: Federal Rules of Civil Procedure Amendments Go into Effect

We have been talking about them for months, but today is the day the amendments to the Federal Rules of Civil Procedure (FRCP) go into effect. The changes should have a significant impact on the scope, speed and specificity...more

E-Discovery Update: Nonparty Subpoenas: Shifting Costs Back to the Requesting Party

All companies dislike incurring expenses in connection with document production, but it is particularly distasteful to do so in connection with matters in which the company has no stake. Luckily, in those instances, companies...more

E-Discovery Update: Email Threading Cuts Costs, Reduces Production of Irrelevant, Potentially Privileged Documents

Email threading is becoming more and more prevalent in the world of e-discovery. It can be a valuable tool for cost-saving and efficiency in document review and production. Many parties are not familiar with or do not...more

E-Discovery Update: Balancing Costs with Desire to Not Produce Irrelevant and Potentially Privileged Documents

Often in litigation, parties faced with overbroad discovery requests and large amounts of data are tempted to produce everything that hits on search terms to the other side without looking at it, or after performing minimal...more

E-Discovery Update: Nonresponsive Attachments – In or Out?

The Federal Rules of Civil Procedure state that "[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense." Fed. R. Civ. P. 26(b)(1) (emphasis added). In electronic...more

E-Discovery Update: Know Your Court’s Local E-Discovery Rules

In the past few years, a number of courts have issued standing orders or have issued guidelines or forms to govern the production of electronically stored information (ESI). These orders and forms can be found on the courts’...more

E-Discovery Update: To Globally Dedupe or Not ... That is the Question

When lawyers are asked by a document review vendor whether they want to dedupe “globally” or “by custodian,” they may not appreciate the difference between the two methods and the impact to the case, in terms of both...more

E-Discovery Update: When Personal and Work Data Collide

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

E-Discovery Update: Proposed Rule Changes Reflect Trend Toward “Reasonableness” in Preservation

The Judicial Conference Committee recently approved changes to Federal Rule of Civil Procedure 37(e) addressing preservation and sanctions and setting forth clearer and more reasonable preservation standards than those...more

E-Discovery Update: “Discovery on Discovery”

As discovery has evolved into an electronic undertaking, large corporations increasingly find themselves defending their efforts to comply with the discovery requests of skeptical opposing counsel. ...more

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