Electronic Discovery Civil Procedure

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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Economic Freedom, “Hong Kong Style”: Respecting Privacy And Ensuring Companies Can Resolve Disputes Efficiently

Hong Kong has always been known for its economic freedom. However, that economic freedom needs rules and protections to operate on a day-to-day basis. Recently, Hong Kong has taken bold steps forward with new rules and...more

Amendments to Federal Civil Rules Governing Discovery and Preservation of ESI Set to Take Effect December 1, 2015

The course of federal civil litigation will take a turn on December 1, 2015, with pending amendments to several rules governing discovery, case management, and the preservation of electronically stored information (“ESI”) set...more

A Veritable Feast: E-Discovery Tools and Resources for the Holiday Season

Thanksgiving is a time of reflection, for looking back on the challenges of the previous year and recognizing all those who supported us through them. It’s also a time of preparedness. Yes, most people see Thanksgiving as the...more

Begin with the End in Mind: Collaboration with Outside Counsel in Preparing Trial-Ready Initial Pleadings

If there is a secret to effective business litigation, it is planning early and well – as early as preparing the complaint or, for defendants, their answer and defenses. While a cogent, powerful opening pleading has always...more

The New Rules: Making Lawsuits Speedier and Less Expensive

Be prepared, litigators, amendments to the Federal Rules of Civil Procedure are coming on December 1, 2015. These changes represent the Advisory Committee’s attempt to fulfill Rule 1’s goal of “just, speedy, and inexpensive”...more

An End to the Kitchen Sink Approach to Discovery Objections

After constant complaints from litigants and lawyers on the length, breadth, and costs of discovery, there seems to be a real effort afoot to solve all three of these problems. The upcoming amendments to the Federal Rules of...more

High Noon at the Train Station: Social Media and Modern E-Discovery

Most people take time zones for granted these days, but it was this week in 1883 that railroad companies in both Canada and the United States started using four continental time zones. Until then, time was local, based on...more

Solving the PII Problem: Securing Rogue Data in Discovery

In a recent article, my Kroll Ontrack colleagues Jim Loveall and John Pilznienski discussed the challenges of finding and removing personally identifiable information (PII) during discovery. While most organizations recognize...more

Amendments to Federal Rules of Civil Procedure Become Effective December 1, 2015

Amendments to the Federal Rules of Civil Procedure take effect on December 1, 2015. Touching a variety of issues, the amendments most significantly impact the scope of permissible discovery and the duty to preserve...more

Court Instructs “More Thorough Search” in Face of Irretrievable ESI (Kansas)

Neonatal Product Group, Inc. v. Shields, 2015 WL 6158810 (D. Kan, Oct. 20, 2015) - In this patent infringement case, the defendants filed a motion to compel against the third party counterclaim defendants. The...more

Appellate Court Affirms Order to Produce Records in Native Format (Texas)

In re State Farm Lloyds, 2015 WL 6751057 (Tex. App. Oct. 28, 2015) - In this insurance claim case, the court affirmed an order compelling the defendant to produce records in native format in the face of the defendant’s...more

The Land of the Rising Sun—and Rising Data Protection Requirements

Between January 2016 and September 2017, a series of amendments to Japan’s Act on the Protection of Personal Information (APPI) will go into effect. The amendments, which were promulgated in September 2015, are the first...more

Third Circuit Court of Appeals Affirms Appointment of Special Master for Discovery Matters (3rd Circuit)

Glover v. Wells Fargo Home Mortg., 2015 WL 5947812 (3d Cir. Oct. 14, 2015) - In this appellate case, the court affirmed the district court’s appointment of a special master to supervise discovery, as well as the...more

2015 Amendments to the Federal Rules of Civil Procedure Provide Opportunities for More Aggressive Case Management

On December 1, 2015, substantial changes to the Federal Rules of Civil Procedure (FRCP or Rules) will take effect. The Rule changes affect many aspects of federal court practice, most significantly with respect to the scope...more

Court Orders Defendant’s Wife to Produce iPhone for Forensic Examination (California)

Brown Jordan Int'l Inc. v. Carmicle, 2015 WL 6142885 (S.D. Fla. Oct. 19, 2015) - In this breach of contract and fiduciary duty case, the plaintiffs sued the defendant for violating the Computer Fraud and Abuse Act and...more

A BETTER WAY TO LITIGATE? – The December 1, 2015 Amendments To The Federal Rules Of Civil Procedure Aim For More Efficiency And...

Civil litigation can sometimes be less than civil or efficient. Indeed, some parties have been found to engage in “abusive” discovery practices or dilatory tactics intended to prolong and increase the costs of litigation....more

Them’s the Rules: Preparing for the December 1st FRCP Amendments

With the 2015 FRCP amendments going into effect on December 1st, those of us working in e-discovery have to decide which camp we’ll fall in when it comes to our approach. The rule that was the most debated is 37(e). This was...more

Court Denies In Camera Review in Light of “Unsupported Suspicions” (Tennessee)

Armouth Int’,l Inc. v. Dollar General Corp., 2015 WL 6696367 (M.D. Tenn. Nov. 2, 2015) - In this privilege case, the plaintiff requested that the court conduct an in camera review of emails defendant withheld or redacted...more

Privacy Law, Cross-Border Data Flows, and the Trans-Pacific Partnership Agreement: What Counsel Need to Know

Privacy law has become such a hot-button issue that it now finds its way into multilateral trade treaties like the Trans-Pacific Partnership Agreement (TPP or Agreement). On November 5, 2015, the U.S. Trade Representative...more

The Alabama Supreme Court Reverses Course on the Broad Use of Prepetition Discovery

Although this Alabama Supreme Court opinion was released in February of this year, my recent dealings on the topic have prompted me to highlight how the Alabama Supreme Court has reigned in the liberal use of prepetition...more

Best Practices: Keeping Corporate Communications Professional And Out Of The Courtroom

Corporate communications occur primarily electronically. It is important for companies to ensure these communications stay where they belong — within the company, not broadcast in a courtroom where a judge or jury can inject...more

Colorado Ethics Committee Issues New Guidance On The Use Of Social Media For Investigative Purposes

The Colorado Bar Association Ethics Committee recently clarified the ethical boundaries associated with attorney use of social media for litigation. Formal Opinion 127 (Opinion), issued in September 2015, addresses certain...more

CLIENT ALERT: Federal Rules of Civil Procedure Amendments to Take Effect December 1, 2015

On December 1, 2015, amendments to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84 of the Federal Rules of Civil Procedure will become effective. These amendments were originally approved by the Judicial Conference in...more

BYOD = BYOA (Aspirin)

In a side-by-side comparison between the benefits and detriments of BYOD (Bring Your Own Device), there’s no doubt that allowing BYOD might seem likely to yield productivity gains and other benefits for the company. But from...more

Discovery, New Rules and a Need for Transparency

In a lawsuit the discovery process should allow each party to explore evidence in the possession of opposing parties, which may assist in proving their respective claims. The defendant is at an advantage in this process,...more

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