News & Analysis as of

Amended Rules Discovery

Esquire Deposition Solutions, LLC

Failure to Schedule Depositions Together Was Discovery Abuse

Recent amendments to the federal rules governing pretrial discovery encourage courts to be more aggressive in squelching wasteful discovery practices. Litigators should be mindful that judges are increasingly taking the rules...more

ArentFox Schiff

ITC Substantively Amends its Rules of Practice and Procedure Governing Section 337 Investigations

ArentFox Schiff on

Effective February 3, the US International Trade Commission (ITC) amended its Rules of Practice and Procedure governing Section 337 investigations. While some of these amendments make technical corrections and clarifications,...more

Fish & Richardson

ITC Implements Updated Rules of Practice and Procedure

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Earlier this month, the U.S. International Trade Commission (ITC) implemented amendments to its Rules of Practice and Procedure governing Section 337 investigations. The amended rules, which govern investigations instituted...more

EDRM - Electronic Discovery Reference Model

Modernizing Florida Litigation: The 2025 Civil Procedure Rule Overhaul

On January 1, 2025, major changes to the Florida Rules of Civil Procedure took effect, transforming how civil cases are managed, litigated, and resolved. Rooted in four landmark Florida Supreme Court decisions issued in 2024,...more

Fuerst Ittleman David & Joseph

Florida Civil Litigation Update: Major changes to the rules of civil procedure have gone into effect. Practitioners must be aware...

January 1, 2025, marked a historic day for Florida civil litigation as the much-anticipated sweeping changes to the Florida Rules of Civil Procedure went into effect. These changes will fundamentally change how civil cases...more

Holland & Knight LLP

Florida Supreme Court Adopts Amendments to the Florida Rules of Civil Procedure

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The Florida Supreme Court (Court), on its own motion, adopted amendments to the Florida Rules of Civil Procedure (Rules) earlier this year. Interested persons were given time to file comments and, upon consideration of those...more

Benesch

With the Federal Rule of Evidence 702 Amendment in Place, Federal Courts Issue Rulings in Conformity with the Changes, and...

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It has now been over six months since the amendment to Federal Rule of Evidence 702 regarding the admissibility of expert testimony went into effect on Dec. 1, 2023....more

Holland & Knight LLP

The Apex Doctrine in Florida Courts: Protecting Corporate Officers from Depositions

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The Florida Supreme Court on Aug. 26, 2021, amended the Florida Rules of Civil Procedure to codify the apex doctrine and "protect high-level corporate officers from the risk of abusive discovery, while still honoring opposing...more

BakerHostetler

SEC and CFTC Continue Crackdown on Financial Firms Over Off-Channel Communications

BakerHostetler on

The SEC and CFTC settlements with HSBC and Scotia Capital come after years of federal regulators’ and prosecutors’ steadily increasing scrutiny of off-channel communications. Anchoring these settlements are long-standing...more

Womble Bond Dickinson

Rule 702 Amendments Move Closer to Final Approval, But You (and the Courts) Should Rely on Them Now

Womble Bond Dickinson on

Over the past several years, we’ve been tracking discussions and proposed amendments to Federal Rule of Evidence 702. On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure unanimously approved...more

Epiq

Lawyers and Cooperation: The Ongoing Hurdle

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How can two adversaries learn to cooperate? That has been the burning question amongst litigators over the past seven years. On Dec. 1, 2015, significant amendments to the Federal Rules of Civil Procedure (FRCP) became...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Making Expert Disclosures Live Up To Their Name: The Amended Rule 16

Takeaway: The substantive amendments to Rule 16 address many of the criticisms of the prior rule, making it a more effective discovery device. This December, a significant Amendment to Rule 16 of the Federal Rules of...more

Husch Blackwell LLP

SB 224 Adopted: Missouri Discovery Rules Follow Federal Footsteps

Husch Blackwell LLP on

In 2019, the Missouri legislature passed Senate Bill 224 (SB 224), effectively revising Missouri’s discovery rules to align them with the Federal Rules of Civil Procedure. (See our 2019 post for analysis of SB 224’s changes...more

Haug Partners LLP

Meet and Confer Requirements Added for Rule 30(b)(6) Depositions

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Rule 30(b)(6) of the Federal Rules of Civil Procedure, which concerns the use of a deposition notice or subpoena directed to an organization, was amended in December 2020 to require that parties meet-and-confer prior to...more

Proskauer - Minding Your Business

Key Takeaways from the Amendment to Rule 30(b)(6)

This past year has brought lots of change, including an amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure. Rule 30(b)(6) governs the deposition of an organization (e.g., a corporation or a partnership) and...more

Faegre Drinker Biddle & Reath LLP

Overview of Amendments to New Jersey’s Evidence Rules, Effective July 1, 2020

The increasing use of electronic discovery in litigation and the attendant high risk of inadvertent disclosures has led the New Jersey Supreme Court to adopt amendments to New Jersey’s Evidence Rule 530 (Waiver of Privilege...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Amends Corporate Enforcement Policy on Companies’ Use of Electronic Messaging Apps

On March 8, 2019, the U.S. Department of Justice announced an important change to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy concerning one of the conditions — “appropriate retention of business...more

Butler Snow LLP

Changes to the Local Rules for the Middle District of Tennessee (Mostly) Reflect the Realities of Modern Law Practice

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Effective August 14, 2018, the United States District Court for the Middle District of Tennessee made a number of revisions to its Local Rules. Many of the changes were tailored to combat practical issues experienced by...more

Skadden, Arps, Slate, Meagher & Flom LLP

New York’s Commercial Division Continues Its Efforts to Increase Efficiencies

The Commercial Division of the New York State Supreme Court recently initiated changes that reflect its focus on utilizing efficiency, innovation and agility to attract high-stakes complex commercial cases to the New York...more

Proskauer - New England IP Blog

New Local Patent Rules May Speed Up Patent Litigation In Massachusetts

Massachusetts is home to one of America’s chief innovation hubs. Yet, historically, the District of Massachusetts has seen relatively few patent cases when compared to other high-tech venues around the country. While there...more

Foley & Lardner LLP

Bad Behavior in eDiscovery is Still Very Costly!

Foley & Lardner LLP on

...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more

Foley & Lardner LLP

A Primer: Wisconsin's New Class Action Statute

Foley & Lardner LLP on

The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more

Kilpatrick

Impact of the Amendments to FRE 902 on E-Discovery Professionals

Kilpatrick on

Amendments to Federal Rule of Evidence 902 went into effect on December 1, 2017. FRE 902 governs evidence that is “self-authenticating,” meaning evidence that does not require any extrinsic evidence of authenticity in order...more

NAM (National Arbitration and Mediation)

There's A New Rule In Town - What Will You Do About It?

As of January 1, 2018, Commercial Division Rule 10 was amended. The rule, innocuous on its face, specifies what information an attorney must supply at a preliminary conference. The amendment is entitled “Certification...more

Association of Certified E-Discovery...

No Love for the 2015 Discovery Amendments: Landry v. Swire Oilfield Services

February is the month of love. Hearts, candy, and flowers. The hint of spring harkening. The enthusiasm of a new year upon us. But for one federal court judge, the New Year brought no love. ...more

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