The Civil Rules Advisory Committee released their proposed amendments to the Federal Rules of Civil Procedure in August. The Committee is seeking comment on their proposals through February 15, 2014, and we have summarized these potential changes below.
Early Court Intervention
The Committee has found that early court intervention has substantially increased cooperation, which in [...]
Josh Gilliland and his always-entertaining “Bow Tie Law’s Blog” turn this week to the case of In re NetBank, Inc., 2009 U.S. Dist. LEXIS 69031 (N.D. Ga. Aug. 7, 2009), in which the producing party went to great lengths to prove to opposing counsel and the court that they knew absolutely NOTHING about e-Discovery.
Wendy Akbar of Quarles & Brady blogs about how e-discovery practice is turning the traditional partner-associate dynamic on its ear. The wizened (and aged) partners end up being rank newbies where e-discovery is concerned, while the baby associates tend to have a much greater grasp of the technology behind the ESI. (The analogy of associates [...]
From the National Law Journal, Sheri Qualters reports on the Delaware Court of Chancery’s recent spate of decisions regarding several aspects of e-discovery practice. Most significant to me is Beard Research Inc. v. Kates, in which plaintiffs were granted an adverse inference instruction for missing computer evidence. The key language:
If the parties do not [...]