News & Analysis as of

e-Discovery Discovery Young Lawyers

Searcy Denney Scarola Barnhart & Shipley

Three Card Monte and E-Discovery: Ask the custodians

“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.”...more

Troutman Pepper

Updated Sedona Principles Set Best Practices for E-Discovery

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The Sedona Conference’s recent updates to The Sedona Principles provide important guidance on how parties to litigation should handle e-discovery. In particular, the new edition of the Principles set forth best practices...more

Carlton Fields

Efficiency: A Discovery Philosophy, and All You Really Need to Know About Predictive Coding

Carlton Fields on

The main problem with discovery is the cost. In a very small number of truly bet-the-company cases (for example, where the CEO’s emails must be produced) the greater risk can be failing to do discovery perfectly. But 99 times...more

Troutman Pepper

A Framework for Applying Proportionality in E-Discovery: The Sedona Conference Principles

Troutman Pepper on

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

BakerHostetler

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

BakerHostetler on

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

Burr & Forman

Rule 26: What’s New, What’s Old, and What Still Needs to be Litigated

Burr & Forman on

The amendments to Rules 26(b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve...more

BakerHostetler

Congratulations! Now what?

BakerHostetler on

Twitter is abuzz with messages about today’s effective date for the changes to the Federal Rules of Civil Procedure that read more like birth announcements (“It’s finally here!”). But figuring out what to do once you get that...more

BakerHostetler

Day 4: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Rule 34...

BakerHostetler on

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

Robinson+Cole Data Privacy + Security Insider

How to use the Rule 26(f) Conference to avoid data dumps

Back in the days of paper discovery—when productions came in bankers’ boxes and document reviews involved paper cuts—litigators would attempt to try to gain a tactical advantage by “burying” opponents under mountains of...more

Snell & Wilmer

Five Questions to Consider Before Seeking to Restrain a Former Employee from Engaging in Competitive Activity

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Determining whether to enforce a restrictive covenant or confidentiality agreement against a former employee requires the careful consideration of legal, economic and practical considerations. Here are five questions an...more

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