News & Analysis as of

Federal Rules of Civil Procedure FRCP 37

Farrell Fritz, P.C.

If Evidence In Its Original Form Is No Longer Available – But A Copy Of That Evidence Is – Are Spoliation Sanctions Appropriate?

Farrell Fritz, P.C. on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs – providers of entertainment-related photojournalism and owners of celebrity photographs – interposed various...more

Proskauer - Minding Your Business

eDiscovery Includes Electronic Vehicle Data and Possible Sanctions for Spoliation

Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This...more

Kilpatrick

4 E-Discovery Strategies for GCs Under the "New" Federal Rules

Kilpatrick on

When the cost of e-discovery drives case strategy, it is time to re-evaluate priorities. The U.S. Supreme Court and Congress agreed and amended several of the Federal Rules of Civil Procedure in December 2015 in light of...more

BakerHostetler

Advocacy in E-Discovery More Important Than Ever

BakerHostetler on

In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise clients on options for...more

Eversheds Sutherland (US) LLP

Three Million Reasons to Understand the New Federal Rules: Deleting Emails Results in Multi-Million-Dollar Rule 37(e) Sanction

On July 12, a federal district court imposed a $3 million punitive sanction pursuant to the recently amended Federal Rule of Civil Procedure 37(e). GN Netcom, Inc. v. Plantronics, Inc., No. CV 12-1318-LPS, 2016 WL 3792833 (D....more

Hinshaw & Culbertson LLP

Sanctions Under FED. R. CIV. P. 37(E)

In December 2015, amendments to the Federal Rules of Civil Procedure went into effect. One of the amended rules, Rule 37(e), was completely rewritten in an attempt to develop a uniform, national standard for the imposition...more

Troutman Pepper

2015 Federal Rules of Civil Procedure Amendments: A Powerful Discovery Tool

Troutman Pepper on

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

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

BakerHostetler

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

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

Butler Snow LLP

2015 Amendments to the Federal Rules of Civil Procedure: What You Need to Know

Butler Snow LLP on

The 2015 Amendments to the Federal Rules of Civil Procedure have been years in the making and will finally take effect on December 1. The amendments include changes that redefine the scope of relevant discovery and provide...more

McGuireWoods LLP

E-Discovery Update: Federal Rules of Civil Procedure Amendments Go into Effect

McGuireWoods LLP on

We have been talking about them for months, but today is the day the amendments to the Federal Rules of Civil Procedure (FRCP) go into effect. The changes should have a significant impact on the scope, speed and specificity...more

PilieroMazza PLLC

Proposed Changes to Federal Rules of Civil Procedure for ESI

PilieroMazza PLLC on

With the widespread use of electronic communication methods, discovery is often the most onerous, time-consuming and costly aspects of litigation. Case law has established that a party has a duty to preserve information when...more

Sands Anderson PC

Changes to Federal Rules of Civil Procedure Effective December 1, 2015

Sands Anderson PC on

Numerous amendments to the Federal Rules of Civil Procedure will come into effect on December 1, 2015. The amendments are to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84. These amendments will have a variety of effects...more

Carlton Fields

Standing Committee Approves Proposed Revised Rule 37(e)

Carlton Fields on

The Committee on Rules of Practice and Procedure (Standing Committee) recently approved a revised Rule 37(e), which is intended to establish greater uniformity in the ways federal courts respond to the loss of electronically...more

Ballard Spahr LLP

Proposed Changes to Civil Rules Could Limit Scope of eDiscovery

Ballard Spahr LLP on

The Advisory Committee on Civil Rules recently approved amendments to the Federal Rules of Civil Procedure addressing, among other things, eDiscovery. Although some of the Advisory Committee’s proposed revisions lessen the...more

Foley & Lardner LLP

Analysis of Amendments to Federal Rules of Civil Procedure 45 and 37

Foley & Lardner LLP on

The Supreme Court of the United States has made significant amendments to Federal Rule of Civil Procedure 45, which became effective on December 1, 2013. Rule 45 governs the form, issuance, service, enforcement of, compliance...more

Moore & Van Allen PLLC

Proposed Amendments to Federal Rules of Civil Procedure Include Limitations on Discovery and Spoliation Sanctions, Published for...

Moore & Van Allen PLLC on

The costs that parties incur in the broils of litigation have been on the front burner in recent years, with the temperature rising. In 2010, the Judicial Conference Advisory Committee on Civil Rules sponsored a Conference on...more

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