Proportionality

News & Analysis as of

Defendants Find Relief from Burdensome Discovery Requests

Litigation often involves lengthy battles over the proper scope of discovery. Defendants with substantial resources frequently find themselves on the receiving end of unreasonable discovery requests in an attempt to overwhelm...more

Disproportionate Discovery, Even in an MDL

Here’s a significant post-rules-amendments discovery decision out of the Xarelto MDL. In In re Xarelto (Rivaroxaban) Products Liability Litigation, 2016 WL 311762 (E.D. La. Jan. 26, 2016), the court (Fallon, J.) cited both...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

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

Amended Federal Rules on Discovery to Impact Environmental Litigation

The Federal Rules of Civil Procedure were recently amended. Amongst the changes, perhaps the most significant are the changes to discovery under Rule 26. Previously, parties were entitled to conduct discovery regarding...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

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

Do employers have the right to read employees’ private emails?

A recent European Court of Human Rights (ECHR) case (Barbulescu –v- Romania) has attracted much publicity in the UK press as giving employers the green light to read employees’ private emails. Is that correct and does this...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

Our 2016 Resolutions for eDiscovery, Part 1

As we welcome the new year, it’s time for many of us to make resolutions. After consulting our crystal ball, here are our suggestions for ways to handle the new normal counsel will face in 2016....more

ITC Section 337 Update – December 2015

Amendments To Federal Rules Of Civil Procedure Announced – Effective December 1, 2015, the Federal Rules of Civil Procedure (“FRCP”) have been amended with respect to pleading requirements and discovery. Notably, the FRCP do...more

The Revised Federal Rules of Civil Procedure: Proportionality is King

As most federal practitioners are aware, certain amendments to the Federal Rules of Civil Procedure took effect on December 1, 2015. The underlying objective of this year’s amendments is to resolve cases more quickly, more...more

No Panacea: Proportionality under New Rule 26(b)

On December 1, very significant changes to the Federal Rules of Civil Procedure went into effect. After nearly five years of work and debate, the new rules have debuted with both fanfare and trepidation. One of the most...more

FRCP 26(b)(1) Amendments Are Meant to Matter

The amendments that changed Federal Rule of Civil Procedure 26 on December 1, 2015 re-define the scope of discovery and seek to rein in abusive over-discovery. Two revisions in particular demonstrate that these amendments...more

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

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

Key Changes to the Federal Rules Governing Discovery

Important amendments went into effect on December 1. The major changes to the Federal Rules of Civil Procedure that govern discovery in federal cases affect Rules 26, 34, and 37....more

Straight Talk: FRCP Rule Changes in Layman’s Terms

Here at Exterro, we recently closed a multi-year software licensing opportunity with a large city government. We began talking with them about their acquisition of e-discovery software in April of this year, and from the...more

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

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

Effective Now: New Federal Rules Of Civil Procedure Regarding Discovery And Electronically Stored Information

?In changes that have been five years in the making, amendments to the Federal Rules of Civil Procedure go into effect December 1, 2015....more

Ready, Set, Go: Amendments to Federal Civil Rules Are Now In Effect!

On December 1, 2015, much awaited amendments to the Federal Rules of Civil Procedure go into effect. These amendments, intended to narrow the scope of discovery, reduce costs and facilitate early case management, impact Civil...more

Host of Rule Changes Go Into Effect Today in the New York Commercial Division

The rules governing practice in the Commercial Division of New York Supreme Court have undergone a number of important amendments, additions, clarifications and other modifications effective today....more

The New Federal Rules Are Taking Effect

Amendments to several Federal Rules of Civil Procedure (“Rules”), five years in the making, go into effect December 1. This alert covers some key changes likely to have a big impact on litigation discovery in federal cases....more

How the Amended Federal Rules Will Change Patent Litigation

Significant amendments to the Federal Rules of Civil Procedure became effective on December 1, 2015 and include an important change to patent infringement pleading practice and the most notable revisions to the civil...more

Conclusion: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Are you...

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

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