Evidence, FRCP 26

Ediscovery, Remote Work, and the Rise of Collaboration Apps

Hanzo on 6/2/2022

Even before the COVID-19 Pandemic in 2020, collaboration app (e.g. Slack) usage was on the rise for internal enterprise communications, with the market share increasing from around seven billion U.S. dollars in 2015 to nearly...more

It’s not what happened, but why: First Circuit rejects conclusory, unsupported expert opinions

Faegre Drinker Biddle & Reath LLP on 5/3/2022

It is not uncommon for an opposing expert to opine that the existence of injury alone implies negligence, nor is it unusual to find that such opinions are supported only by general reliance on “literature” with no discernible...more

Tennessee’s Proposed Amendments to Rule 26 Mandate Broad Initial Disclosures

Butler Snow LLP on 9/5/2019

In contrast to Federal Rule of Civil Procedure 26(a)(1), the Tennessee Rules of Civil Procedure do not require initial disclosures—but that could be changing soon. On August 13, 2019, the Tennessee Supreme Court issued an...more

Utah Care-Review Privilege

Holland & Hart - Health Law Blog on 5/30/2018

Utah adopted a care-review privilege “to improve medical care by allowing health-care personnel to reduce morbidity or mortality and to provide information to evaluate and improve hospital and health care.” In January, the...more

N.Y. Court of Appeals: No Difference Between “Private” and “Public” Posts in Discovery

Proskauer - Minding Your Business on 2/21/2018

Those who thought designating social media posts as “private” would be sufficient to shield them from outsiders—including opposing parties in litigation—had better think again. On February 13, 2018, the New York Court of...more

E-Discovery Production — Snow storms are avoidable

Searcy Denney Scarola Barnhart & Shipley on 6/23/2017

Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not. Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are...more

Baring It All: Judge Orders Swingers’ Club to Produce Email Distribution List

Orrick - Trade Secrets Group on 1/5/2017

A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more

Leveraging Proportionality to Set Reasonable Limits on Discovery at the Outset

Troutman Pepper on 1/3/2017

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

2015 Federal Rules of Civil Procedure Amendments: A Powerful Discovery Tool

Troutman Pepper on 2/8/2016

The amended rules aid in controlling the scope of discovery and managing its risks. Two months have passed since the effective date of the 2015 amendments to the Federal Rules of Civil Procedure, which are applicable to...more

Amendments to FRCP 26(b) Put Significant Emphasis on Proportionality

Bradley Arant Boult Cummings LLP on 1/28/2016

Revisions to several key provisions of the Federal Rules of Civil Procedure took effect on December 1, 2015, and will have a significant impact on discovery procedure and practice in federal court. The aim of these revisions...more

Rule 26: What’s New, What’s Old, and What Still Needs to be Litigated

Burr & Forman on 1/28/2016

The amendments to Rules 26(b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve...more

Stop Giving Away the Store: “Reasonably Calculated” does not define the scope of discovery. (And it never has!)

Butler Snow LLP on 1/23/2015

For over a hundred years Americans have enjoyed Josh Billing’s chestnut, “I’d rather not know so much, than to know so much that ain’t so.” For nearly seventy years, American lawyers have known one big thing that ain’t so:...more

Evidence › FRCP 26

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