News & Analysis as of

Federal Rules of Civil Procedure e-Discovery

Reveal

Show Me The Money: Building a Profitable eDiscovery Cost Recovery Model

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In the beginning, there was paper and lots of it. Think stacks of bankers' boxes big enough to make an entire mountain out of. But the all-too-familiar buzz of a dial-up modem ushered in a brave new world for the discovery...more

Vinson & Elkins LLP

Difficult Decisions About Cloned Discovery Can Leave Companies Seeing Double

Vinson & Elkins LLP on

Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing standards of proof, companies that are...more

Array

This Week in eDiscovery: Specific vs. General Discovery Objections, Five More States Pass Data Privacy Laws, And More

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of April 15-21. Here’s what’s...more

Pagefreezer

Is Slack Content Discoverable? Yes, It (Definitely) Is

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Electronic communication has come a long way in a few short decades. In 2006, Rule 34 of the Federal Rules of Civil Procedure was amended to confirm that discovery of electronically stored information stood on equal footing...more

Hanzo

Exploring AI’s Impact on Legal Practices: Insights from Legalweek 2024

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Legalweek 2024 was a significant event for the legal industry, showcasing a pivotal shift towards integrating and understanding generative artificial intelligence (AI) in a nuanced way. The conference held in New York City...more

Reveal

Document Production: Rules and Tips for eDiscovery Workflows

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According to Norton Rose Fulbright’s 2023 Annual Litigation Trends Survey, corporations spend an average of $1.7 million on legal disputes for every $1 billion in revenue they earn. With much of that spending going toward...more

Reveal

What is ESI? A Lawyer’s Guide to Digital Records Management

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The International Data Corporation (IDC) estimates that by 2025, the world will have 175 zettabytes of digital data—which, if stored on DVDs, would create a stack tall enough to circle the earth 222 times. As organizations...more

Array

‘Document Dumps’ Can Lead to Court Sanctions. An eDiscovery Partner Can Help Organize Your Data

Array on

During eDiscovery, parties typically expect to receive productions of documents in the form requested or in the form mandated by the Federal Rules of Civil Procedure. Under Rule 34, the documents must be produced “as they are...more

Warner Norcross + Judd

Lessons Learned from Google Litigation: Don’t Forget to Save Your Chats

Since August 2020, Google has been defending itself against multiple antitrust lawsuits challenging Google’s Play Store practices as anticompetitive. Nearly two and a half years later, Google is now facing another legal...more

Reveal

Preservation of Evidence: Methods and Best Practices You Should Adopt in 2023

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In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...more

HaystackID

[Webcast Transcript] eDiscovery Playbooks: How to Win by Day and Sleep at Night

HaystackID on

Editor’s Note: On September 21, 2022, Business Intelligence Associates (BIA), a recently acquired HaystackID company, shared an educational webcast on the role of eDiscovery playbooks in litigation preparedness. Regardless of...more

Zuckerman Spaeder LLP

Crafting Document Requests to Avoid Boilerplate Objections and Responses: The Sedona Conference Primer on Crafting eDiscovery...

Zuckerman Spaeder LLP on

For more than four decades, Federal Rule of Civil Procedure 34 has required litigants to “describe with reasonable particularity” the information sought in discovery requests. Although the “reasonable particularity” standard...more

Farrell Fritz, P.C.

Court Enforces Strict Sanctions For Failing To Be Competent In ESI Obligations

Farrell Fritz, P.C. on

Historically, the legal profession has been reluctant to embrace technology and electronic discovery in the practice of law. Indeed, practitioners often still exchange discovery in paper format or ignore, altogether, medium,...more

Seyfarth Shaw LLP

Second Circuit Weighs in on the Extraterritorial Application of 28 U.S.C. § 1782

Seyfarth Shaw LLP on

At the end of 2019, the Second Circuit finally weighed in on an issue that has divided federal courts considering applications for discovery pursuant to 28 U.S.C. § 1782, through which a litigant can obtain an order from a...more

Troutman Pepper

New Best Practices Under E-Discovery Spoliation Rule

Troutman Pepper on

As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...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

Troutman Pepper

Leveraging Proportionality to Set Reasonable Limits on Discovery at the Outset

Troutman Pepper on

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

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

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

BakerHostetler

Retooling Your Practice Under the New Rules with The Sedona Conference Institute: a Case Summary (Part 1)

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

Burr & Forman

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

Burr & Forman on

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

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

BakerHostetler

Congratulations! Now what?

BakerHostetler on

Twitter is abuzz with messages about today’s effective date for the changes to the Federal Rules of Civil Procedure that read more like birth announcements (“It’s finally here!”). But figuring out what to do once you get that...more

BakerHostetler

Day 4: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Rule 34...

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The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

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