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e-Discovery Evidence Federal Rules of Civil Procedure

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Document Production: Rules and Tips for eDiscovery Workflows

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According to Norton Rose Fulbright’s 2023 Annual Litigation Trends Survey, corporations spend an average of $1.7 million on legal disputes for every $1 billion in revenue they earn. With much of that spending going toward...more

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What is ESI? A Lawyer’s Guide to Digital Records Management

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The International Data Corporation (IDC) estimates that by 2025, the world will have 175 zettabytes of digital data—which, if stored on DVDs, would create a stack tall enough to circle the earth 222 times. As organizations...more

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Preservation of Evidence: Methods and Best Practices You Should Adopt in 2023

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In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...more

Seyfarth Shaw LLP

Second Circuit Weighs in on the Extraterritorial Application of 28 U.S.C. § 1782

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At the end of 2019, the Second Circuit finally weighed in on an issue that has divided federal courts considering applications for discovery pursuant to 28 U.S.C. § 1782, through which a litigant can obtain an order from a...more

Troutman Pepper

New Best Practices Under E-Discovery Spoliation Rule

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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

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

Leveraging Proportionality to Set Reasonable Limits on Discovery at the Outset

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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

Carlton Fields

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

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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

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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

Burr & Forman

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

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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

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