Electronic Discovery Updates

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
News & Analysis as of

Amendments to ESI Spoliation Sanctions Seek to Create Uniformity in Federal Courts

Federal Rule of Civil Procedure 37(e) sets forth the requirements for the retention of electronically stored information ("ESI") and the corresponding sanctions available to remedy the loss of ESI. New amendments to Rule...more

#LTNY16: That’s a Wrap!

Whew! After three electrifying (and tiring) days, Legal Tech New York 2016 is in the books! For those of you that experienced the show first-hand, we don’t have to tell you that this year’s conference was another...more

Retooling Your Practice Under the New Rules with The Sedona Conference Institute: a Case Summary (Part 2)

Every year, The Sedona Conference Institute keeps us ahead of the e-discovery curve with panels such as the famous Case Law Update and Judicial Roundtable. This year’s Institute will be devoted to the changes in the Federal...more

Groundhog Day: Don’t Get Stuck When Collecting New Data Types

February 2nd is Groundhog Day, and while we all know of the tradition of Punxsutawney Phil’s famous shadow forecasting the arrival of spring, many of us can’t help but think of the 1993 film starring Bill Murray. In it, he...more

Court Issues Sanctions for Manipulation of Email Evidence, Addresses New FRCP 37(e) (New York)

CAT3 v. Black Lineage, 2016 WL 154116 (S.D.N.Y. Jan. 12, 2016) - In this trademark infringement case, the plaintiff asserted rights to a domain name to sell its clothing products, in addition to an online website and...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

Court Denies Motion to Compel Under Newly Amended FRCP 26(b)(1) (California)

Gilead Sciences v. Merck, 2016 WL 146574 (N.D. Cal. Jan. 13, 2016) - In this patent infringement case, the defendant sought additional discovery on the contents of certain “tubes of compounds” that the plaintiff’s...more

Retooling Your Practice Under the New Rules with The Sedona Conference Institute: a Case Summary (Part 1)

Every year, The Sedona Conference Institute keeps us ahead of the e-discovery curve with panels such as the famous Case Law Update and Judicial Roundtable. This year’s Institute will be devoted to the changes in the Federal...more

The Shape of (Discovery) Things To Come?

We assume that all of our readers by now know that significant changes to the federal discovery rules went into effect on December 1, 2015. We’ve posted about them frequently. We’re not going to bore you by describing the...more

Court Applies New FRCP 26, Awards Production of Documents (Texas)

Carr v. State Farm Mut. Auto. Ins. Co., 2015 WL 8010920 (N.D. Tex. Dec. 7, 2015) - In this auto accident case, the defendant sought to compel production regarding documents reflecting payments that the plaintiff...more

Three Things Every Employer Should Know About E-Discovery

E-discovery. If this word strikes terror into your heart, you are not alone. Already a formidable task, discovery became exponentially more onerous with the advent of modern technology. Instead of just looking through a file...more

Close Encounters of the eDiscovery Kind

Last week, two astronomers at CalTech predicted that a new planet is lurking at the edges of the solar system. They discovered the planet using computer simulations and mathematical calculations based on the planet’s...more

Plaintiff Lacks Control of Employees’ Personal Accounts, Motion to Compel Denied (California)

Matthew Enter. v. Chrysler Grp., 2015 WL 8482256 (N.D. Cal. Dec. 10, 2015) - In this case, the defendant moved to compel additional ESI, including emails from employees’ corporate Gmail accounts and financial documents....more

Government Can Fail to Preserve Too, Court Awards Sanctions (New Jersey)

United States v. Vaughn, 2015 WL 6948577 (D. N.J. Nov. 10, 2015) - In this criminal case, a pro se defendant sought to dismiss the indictment and other sanctions for the government’s failure to preserve text messages...more

Judge v. Attorney: Exterro Releases its 2nd Annual Federal Judges Survey

The digital age is sweet. The things that are a part of everyday life today were only sci-fi realities a few years ago. But the problem that comes with any age of advancement is the need for debate and analysis. Too often,...more

The Life-Changing Magic of Information Governance: Cutting Costs and Mitigating Risk with IG

The New Year brings fresh starts, and most of us, after a season of giving and receiving, parties and celebrations, are feeling the need to take stock and streamline our lives. In the bestselling book, The Life-Changing...more

When It Comes to eDiscovery, Think Globally, But Localize Your Approach

For years, the environmental movement has encouraged people to take action in their own communities, with the goal of their local steps eventually effecting change for the entire planet. A similar approach of thinking...more

The Top Seven Takeaways from the December, 2015 Federal Rules Amendments

Can rule changes streamline litigation to make discovery proportional to the case, improve case management, cut down foot-dragging in response to document requests, eliminate “over-preservation” of records and expedite...more

Taking Advantage of New Safe Harbor Against Discovery Sanctions

As your company wrestles with how to manage the virtual mountains of electronically stored information (ESI) that are created in today’s workplace, you may continue to wonder what steps to take to preserve information when...more

Key Considerations for Bankruptcy Practitioners Regarding Amended Federal Rules of Civil Procedure

Recent changes to the Federal Rules of Civil Procedure will significantly alter the discovery proceedings in bankruptcy proceedings, particularly in adversary proceedings. See Fed. R. Bankr. P. Part VII (applying FRCP to...more

Discovery Obligations – Preservation

The existence of litigation or an administrative investigation creates unique obligations for a party with respect to its documents, both paper and electronic. The term “document” includes virtually any form of recorded...more

How to Authenticate a Social Media Post

Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper...more

Guest Blog: Turning on the Lights in a Dark (Data) Room

Turning on the Lights in a Dark (Data) Room At breakneck speed, businesses and individuals are amassing huge volumes of disparate and obsolete data—data that has long gone “dark” within an organization. Dark data is...more

Litigation Discovery and the New Federal Rules

Trying to make the best of rules open to highly subjective interpretation… Discovery in litigation is the heart of the process. It is the system by which parties can obtain evidence from other parties and refine...more

Supreme Analysis: Chief Justice John Roberts on E-Discovery

Since December 1st there have been numerous articles written on what the changes to the FRCP might mean for those of us working in E-Discovery. But if you really want to know the scoop, go straight to the top. The Supreme...more

1,892 Results
|
View per page
Page: of 76

Follow Electronic Discovery Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×