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Acts of Faith: Good-Faith vs. Bad-Faith Data Destruction in Recent Court Cases and the New Amendments to the FRCP

Have you read our latest article on cases and FRCP amendments that have shaped legal hold expectations?

“As e-discovery continues to evolve, so do the rules surrounding it. For example, between 2003 and 2004, United States District Judge Shira Scheindlin wrote five groundbreaking opinions that greatly affected the way duty to preserve […]

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The Civil Rules Advisory Committee Wants to Know What You Think

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 […]

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Advisory Committee Considers Amendments to FRCP

The Advisory Committee on Civil Rules met late this March in Ann Arbor to discuss amendments to the Federal Rules of Civil Procedure. Included on the agenda was the report of the Discovery Subcommittee, which has been pondering the issue of sanctions and preservation since their mini-conference in September 2011. Since that time, the subcommittee […]

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How to Look Like a Rube in Three Easy Steps

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.

The […]

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Clowns To The Left Of Me, Partners To The Right

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 […]

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Why ALL Search Methods Stink

Yep, my headline for this post is pretty strongly-worded … but it’s also pretty accurate. The fact is, sanction-happy judges and vague, utopian court rules regarding ESI searches don’t mix, when you’re dealing with mounds of mostly-random electronic data.

Don’t take my word for it. Eric P. Mandel writes to the EDD Update blog about […]

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