News & Analysis as of

Electronically Stored Information Federal Rules of Civil Procedure Young Lawyers

Association of Certified E-Discovery...

Foundational Ethical eDiscovery for New York Lawyers

The pervasiveness of technology in our everyday lives is unmistakable. The next time you walk down a city street, go out for coffee or spend time at a family gathering, take a moment, and reflect upon the number of people on...more

Searcy Denney Scarola Barnhart & Shipley

Document Production — Look Before You Leap

In eDiscovery, look before you leap! You have filed a lawsuit and you are set for a “meet & greet” conference with opposing counsel(s) to review and agree on discovery. What should you expect from opposing counsel and their...more

Foley & Lardner LLP

eDiscovery Update including AI for Technology Assisted Review

Foley & Lardner LLP on

..Any judge who begins an opinion about ediscovery with a quote from Donald Rumsfeld (of all people!), and then tosses in a reference to Marge from The Simpsons while quieting lawyers’ fears of technology by noting that...more

Jones Day

Courts Are Closely Following Amended Rule 37(e)’s Limits on Sanctions for Lost Electronically Stored Information

Jones Day on

Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more

Farrell Fritz, P.C.

If Evidence In Its Original Form Is No Longer Available – But A Copy Of That Evidence Is – Are Spoliation Sanctions Appropriate?

Farrell Fritz, P.C. on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs – providers of entertainment-related photojournalism and owners of celebrity photographs – interposed various...more

Payne & Fears

New E-Discovery Guidance for Companies and Litigators

Payne & Fears on

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

Searcy Denney Scarola Barnhart & Shipley

Three Card Monte and E-Discovery: Ask the custodians

“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.”...more

Proskauer - Minding Your Business

WARNING: Follow Rules Governing Objections To Discovery Requests Or Waive Them

On February 28, 2017, Southern District of New York Magistrate Judge Andrew J. Peck issued a warning shot, stylized as a “wake-up call,” to the SDNY Bar: comply with the now 15-month-old amendments to the Federal Rules of...more

McGuireWoods LLP

E-Discovery Update: Seriously, Folks, the Federal Rules Have Changed

McGuireWoods LLP on

It has been well over a year since the 2015 amendments to the Federal Rules of Civil Procedure went into effect, and members of the judiciary are increasingly less tolerant of attorneys’ failure to conform to the new...more

Farrell Fritz, P.C.

Rule 26 and How It Applies to Electronically Stored Information

Farrell Fritz, P.C. on

Electronic discovery (a/k/a ediscovery and e-discovery) is the process of identifying, preserving, collecting, preparing, reviewing and producing electronically stored information (“ESI”) in the context of a legal or...more

Troutman Pepper

Why Courts Should Not Go 'Over and Above' the Federal Rules to Impose Sanctions for Loss of ESI

Troutman Pepper on

A recent case offers a cautionary tale of how courts may cite to the requirements of amended Federal Rule of Civil Procedure 37(e), which governs imposing sanctions for failure to preserve electronically stored information...more

BakerHostetler

If the Scope of Discovery Changed and No One Paid Attention, Did the Scope of Discovery Change?

BakerHostetler on

The scope of discovery may be more limited than you think. The Cole’s Wexford opinion provides a thorough dissection of the history and past iterations of Rule 26 and a clear explanation of the status of the current rule as...more

Carlton Fields

Efficiency: A Discovery Philosophy, and All You Really Need to Know About Predictive Coding

Carlton Fields on

The main problem with discovery is the cost. In a very small number of truly bet-the-company cases (for example, where the CEO’s emails must be produced) the greater risk can be failing to do discovery perfectly. But 99 times...more

Troutman Pepper

A Framework for Applying Proportionality in E-Discovery: The Sedona Conference Principles

Troutman Pepper on

The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery. The Sedona Conference — a research and educational...more

Blank Rome LLP

E-Discovery Search Methodology Cannot Be Forced Upon Producing Party

Blank Rome LLP on

Action Item: Companies and individuals involved in litigation that includes e-discovery, should be aware of a decision last week by Magistrate Andrew J. Peck, whose e-discovery decisions are well-regarded in the legal...more

McGuireWoods LLP

E-Discovery Update: Producing Search-Term Hit Reports: Another Form of Discovery on Discovery

McGuireWoods LLP on

You may have learned everything you need to know in kindergarten, but perhaps sharing is overrated when it comes to a search-term hit report. A search-term hit report is generated when search terms are applied to a larger set...more

Constangy, Brooks, Smith & Prophete, LLP

E-discovery and the Duty to Preserve

If you’re involved in a suit in federal court, then the Federal Rules of Civil Procedure apply to you. Rule 26(b) provides, among other things, that parties may obtain discovery regarding any non-privileged matter that is...more

McGuireWoods LLP

E-Discovery Update: Proportionality for Lawyers

McGuireWoods LLP on

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

McGuireWoods LLP

E-Discovery Update: Changes to Rule 37’s Failure-to-Preserve-ESI Sanctions Impact Recent Rulings

McGuireWoods LLP on

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

Davis Wright Tremaine LLP

The 2015 Amendments to the Federal Rules of Civil Procedure: Changing the Way Civil Litigants Operate in Federal Court

The recent amendments to the Federal Rules of Civil Procedure are the most significant overhaul of the rules governing civil litigation in federal court that we’ve seen in decades, including dramatic changes to the timing and...more

BakerHostetler

Retooling Your Practice Under the New Rules with The Sedona Conference Institute: a Case Summary (Part 2)

BakerHostetler on

Every year, The Sedona Conference Institute keeps us ahead of the e-discovery curve with panels such as the famous Case Law Update and Judicial Roundtable. This year’s Institute will be devoted to the changes in the Federal...more

Fenwick & West LLP

The Top Seven Takeaways from the December, 2015 Federal Rules Amendments

Fenwick & West LLP on

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

Cole Schotz

Key Considerations for Bankruptcy Practitioners Regarding Amended Federal Rules of Civil Procedure

Cole Schotz on

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

Robinson+Cole Data Privacy + Security Insider

Predictions (and hopes) for e-discovery in 2016

While 2015 will likely be remembered as the year the Federal Rules of Civil Procedure were substantively overhauled to resolve many persistent issues related to e-discovery, 2016 quietly marks ten years since the Federal...more

CMCP - California Minority Counsel Program

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

30 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide