Amended Rules Five Months Later: Early Trends in Case Law and What It Means
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
Proportionality: Why Considering Value of Case Is Important in Discovery—Judge Baylson
The Sedona Conference (TSC) and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure recently published their Commentary on Proportionality in Cross-Border Discovery (Commentary)...more
In today’s digital era, the process of eDiscovery plays a crucial role in the legal system. It’s like a detective’s quest to uncover the truth hidden within vast digital realms of data. However, this quest is often hindered...more
In the beginning, there was paper. And lots of it. Seriously warehouses stacked with banker’s boxes as far as the eye could see. And the Federal Rules of Civil Procedure were designed to support paper discovery in the...more
It’s already February, and chances are, most of us have already broken our New Year’s Resolutions. But no matter the time of year, when it comes to your ediscovery workflow, it’s never too late to trim the data you're...more
As 2023 begins it is time once again to reflect on the most interesting eDiscovery cases from last year. Trends are always evolving in this dynamic space and eDiscovery professionals cannot afford to snooze on this review....more
The Georgetown Law Advanced eDiscovery Institute (AEDI) held in Washington, D.C., always presents as an outstanding educational experience even for the most sophisticated e-discovery attorney. This year was no exception....more
How can two adversaries learn to cooperate? That has been the burning question amongst litigators over the past seven years. On Dec. 1, 2015, significant amendments to the Federal Rules of Civil Procedure (FRCP) became...more
We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...more
In 2019, the Missouri legislature passed Senate Bill 224 (SB 224), effectively revising Missouri’s discovery rules to align them with the Federal Rules of Civil Procedure. (See our 2019 post for analysis of SB 224’s changes...more
The 2015 amendments to the FRCP elevated the importance of proportionality in ediscovery, but has it lived up to its intended purpose? Our panel of speakers will discuss the past, present, and future potential of leveraging...more
As with past years, eDiscovery was a hot topic in case law. Spanning from Rule 45 to cost shifting and more, the courts tackled several eDiscovery obstacles. With each decision, legal practitioners glean more insight into how...more
The world revolves around data. Businesses and individuals generate data each day between work and personal communication. While electronic platforms provide convenience, efficiency, and flexibility in document review for...more
Maybe some of you will look at the title of this article, smirk, and dismissively mutter that there is nothing new about text messages. eDiscovery practitioners also may think there is nothing revolutionary about considering...more
What Does Rule 26 Say about Scope and Proportionality? In 2015, when the Federal Rules of Civil Procedure were amended, the issue of scope and Rule 26 was a hot topic of discussion, mainly around the issue of costs. But...more
Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more
The CBCA released its FY 2018 Annual Report. Despite a statistically typical year, the report also highlighted noteworthy changes to the Board’s jurisdiction and rules. FY 2018 ended with 409 new appeals docketed at the...more
These days, it has been commonplace for data breaches and data privacy issues to pervade the news cycle. Earlier this summer, data privacy also likely pervaded your inbox in the form of dozens of emails from companies...more
...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more
It’s been over two years since the Federal Rules of Civil Procedure (FRCP) were amended to refine e-discovery practices in litigation. Of the changes, none has spurred more transformation than Rule 26(b)(1) and its emphasis...more
Every company that uses email or stores files electronically (i.e. every company) finding itself in litigation must comply with increasingly onerous discovery obligations. While electronic storage and transmission of data...more
Action Item: The following set of six principles proposed by the Sedona Conference Working Group on Electronic Document Retention and Production should serve as practical guidance for litigants adhering to the proportionality...more
In Fulton v. Livingston Financial LLC, 2016 WL 3976558 (W.D. Wash. July 25, 2016), U.S. District Judge James L. Robart sanctioned a defense lawyer who “inexcusabl[y]” relied on outdated case law and pre-2015 amendments to...more
I was recently reminded that it has been over a year since my last ESI-related blog. My excuse is that I wanted to allow the new Federal Rules of Civil Procedure addressing ESI to percolate before writing on the...more
Recently, The Sedona Conference, a research and educational institute, published its 2016 Public Comment Version of The Sedona Conference Commentary on Proportionality in Electronic Discovery. This is the third version of...more
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