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 ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...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
Deposition Conduct - Use this against improper coaching by an opponent. IPS Group, Inc. v. Duncan Solutions, Inc., 2017 WL 3457141 (S.D. Cal. Aug. 11, 2017) (Counsel admonished for improperly using "calls for a legal...more
An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more
Proportionality is not limited to Einstein’s equations and banter on The Big Bang Theory. The December 2015 amendments to the Federal Rules of Civil Procedure moved proportionality from Rule 26(b)(2)(C)(iii), which required a...more
A recent federal court order highlights the scope, and the limitations, of a U.S. court’s authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782. The court in In re Ex Parte Application...more
After seemingly endless years of rulemaking, the first decisions applying the amended Federal Rules of Civil Procedure have begun to trickle out. Not surprisingly, there have been no game changers to date, but early signs...more
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
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
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
The Dec. 1, 2015 amendment to Federal Rule of Civil Procedure 26(b) offers employers and their counsel a powerful new weapon to attack overreaching written discovery by demonstrating that the burden of the discovery request...more