Rule 26

News & Analysis as of

Are you Certifiable?

It is not unusual for opposing counsel to demand that you “certify” that your client’s document production is complete and correct. What does this mean? Are you required to do it? The issue often arises in...more

Proposed Changes to Civil Rules Could Limit Scope of eDiscovery

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

Attorney Means “Attorney” – Lessons for Subrogation Professions From Recent Federal Court Decisions Clarifying the Disclosure...

The Amendments to Rule 26 - In 2010, Federal Rule of Civil Procedure 26 was amended to provide new limitations on the discovery allowed for testifying experts in federal court cases. The most significant changes with...more

Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery

Proposed amendments to the Federal Rules of Civil Procedure are set to take effect on December 1, 2015, with significant changes to the scope of discovery and the duty to preserve relevant evidence. The amendments are aimed...more

Court Finds that Rule 26 Disclosure and Computation of Damages Insufficient Where Party Failed to Explain How It Calculated Damage...

Orbit Irrigation Products ("Orbit") filed a patent infringement action against Sunhills International ("Sunhills"). After the completion of certain discovery, Sunhills filed a motion to compel. Sunhills contended that Orbit...more

District Court Accords Work Product Protection to Taxpayer Documents Prepared during a Transaction’s Planning Stages

The U.S. District Court for the District of Delaware recently interpreted the work product privilege in a manner favorable to taxpayers, ruling that documents can be prepared “in anticipation of litigation” even if created...more

Working with Experts: Are we off the record? (Presentation)

In this Presentation: - Summary of Key Changes in Rule 26 - FRCP 26(a)(2)- Disclosure - Rule 26(b)(4) Trial Preparation: Experts - Checklist of Suggested Practices - Excerpt from Summary of...more

Top 5 Ediscovery Case Summaries – May 2013: Indiana - Proportionality is Key Principle in Predictive Coding Case

In re Biomet, 2013 WL 1729682 (N.D. Ind. Apr. 18, 2013). In this behemoth multidistrict litigation, the defendants used key word search to cull 19.5 million documents prior to leveraging predictive coding....more

Top 5 Ediscovery Case Summaries – April 2013: New Jersey - Court Denies Motion for Protective Order, Cost-Shifting

Juster Acquisition Co., LLC v. N. Hudson Sewerage Auth., 2013 WL 541972 (D.N.J. Feb. 11, 2013). In this case, the defendant motioned for a protective order with regard to sixty-seven allegedly overboard search terms...more

Top 5 Ediscovery Case Summaries – April 2013: California - Discovery Requests Outweighing Amount in Controversy are Unduly...

Conn. Gen. Life Ins. Co. v. Scheib, 2013 WL 485846 (S.D. Cal. Feb. 6, 2013). In this discovery dispute, the defendants objected to the plaintiff’s additional requests for production of an estimated 219 gigabytes of ESI,...more

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