Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance...more
Today’s eDiscovery Blues comic highlights several challenges In-House legal teams might face when working with data in the face of litigation, starting with the sinking feeling that comes when you ask yourself, “Is the I.T....more
Two Recent Cases Highlight the Spoliation Thresholds in Rule 37(e) - With the 2015 FRCP amendments quickly nearing a half-decade in existence, case-law continues to define how these rules are upheld in court, especially...more
Cell phones have been around for a long time, but preserving the data they contain for discovery purposes is still often overlooked or avoided due to expense and inconvenience. Two recent decisions highlight the importance of...more
Here’s one that will light your fire. Martinez v. Triple S Props., No. 6:17-03195-CV-RK, 2018 U.S. Dist. LEXIS 166357 (W.D. Mo. Sep. 27, 2018) is a proposed class action against Triple S Properties (“Defendant), an owner...more
In Amica Mutual Ins. Co. v. BrassCraft Mfg., Co., 2018 U.S. Dist. LEXIS 88986 (D.R.I. May 29, 2018), the United States District Court for the District of Rhode Island addressed the question of whether the defendant was so...more
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
The eighth 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
Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This...more
When the cost of e-discovery drives case strategy, it is time to re-evaluate priorities. The U.S. Supreme Court and Congress agreed and amended several of the Federal Rules of Civil Procedure in December 2015 in light of...more
The combination of emerging technologies, information security risks and electronic discovery obligations continues to give rise to questions regarding best practices for adoption of modern ephemeral communication tools in...more
In December 2015, amendments to the Federal Rules of Civil Procedure went into effect. One of the amended rules, Rule 37(e), was completely rewritten in an attempt to develop a uniform, national standard for the imposition...more
The proposed revision of Rule 37(e), which recently cleared another hurdle in the rulemaking process, could dramatically limit the exposure companies face from spoliation claims. It may also go too far....more
The costs that parties incur in the broils of litigation have been on the front burner in recent years, with the temperature rising. In 2010, the Judicial Conference Advisory Committee on Civil Rules sponsored a Conference on...more