As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more
12/2/2019
/ Best Practices ,
Bodily Injury ,
Carnival Cruise Lines ,
Discovery ,
Document Productions ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
FRCP 37(e) ,
Inherent Authority ,
Litigation Fees & Costs ,
Litigation Strategies ,
Medical Examinations ,
Motion for Sanctions ,
Negligence ,
Record Preservation ,
Spoliation
Cellphones are an essential part of our daily lives, and our frequent usage has produced large amounts of personal data. It is unavoidable that some of this data — be it email, text message or even GPS location data — may be...more
Parties can serve subpoenas seeking discovery from nonparties pursuant to Federal Rule of Civil Procedure 45.
Originally published in Law360 - October 2, 2018. ...more
Social media may contain a treasure trove of evidence bearing on claims in litigation, but parties must take care to tailor their discovery requests to information that is both relevant and proportional to the needs of the...more
Plaintiffs should not be permitted to insist on an extensive discovery wish list but rather must make some showing that their requests are proportional to the needs of the case.
A district court in California recently...more
The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery.
The Sedona Conference — a research and educational...more
The amended rules aid in controlling the scope of discovery and managing its risks.
Two months have passed since the effective date of the 2015 amendments to the Federal Rules of Civil Procedure, which are applicable to...more