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
For years, companies have battled different sanction standards for the failure to preserve documents. This led to over-preservation, where, to avoid accusations of “negligent” failure, companies preserved every shred of...more
3/2/2016
/ Adverse Inference Instructions ,
Corporate Counsel ,
Discovery ,
Duty to Preserve ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
FRCP 37(e) ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Spoliation ,
Young Lawyers
As noted in our December e-discovery update, the much-discussed amendments to the Federal Rules of Civil Procedure became effective December 1, 2015. One of the most notable amendments was the limitation on the scope of...more
In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more
5/4/2015
/ Attorney-Client Privilege ,
Bring Your Own Device (BYOD) ,
Corporate Counsel ,
Discovery ,
Employment Policies ,
Fourth Amendment ,
Mobile Devices ,
Personal Data ,
Popular ,
Public Employees ,
Right to Privacy ,
SCOTUS ,
Stored Communications Act ,
Young Lawyers