As of Dec. 1, amendments to the Federal Rules of Civil Procedure 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and an abrogation of Rule 84 and the Appendix of Forms take effect. The “most significant amendments” are to the discovery rules, particularly
As e-discovery continues to evolve, so do the rules surrounding it. United States District Judge Shira Scheindlin wrote five groundbreaking opinions that greatly affected the way duty to preserve electronically stored information (ESI) and consequences of data destruction are viewed in the court and continue
The Advisory Committee on the Federal Rules of Civil Procedure recently recommended several important changes to the FRCP. There is some debate about the effectiveness of the measures recommended, but very little disagreement about the fact that this would be a large change. Perhaps the
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
Two recent orders remind us of the importance of following best practices for Rule 26 (f) conference, which can help streamline discovery and avoid unnecessary, costly disputes. In Hauck v. Walker, Plaintiff Christine Hauck had moved to strike Defendants Garry Lucas and Phillip Walker’s motion
For many, November and December 2017 were a blur. In case you missed the Eastern District of Texas’ amended rules, we highlight a few below. The amended rules can be read in full here. Local Rule CV-4 Complaint, Summons, and Return now calls for the
What a difference 10 years make. For the authors of “The Sedona Principles,” which is considered a “foundational guide for attorneys and judges confronting the novel challenges of e-discovery,” it was clear that is was high time to reassess and, if appropriate, revise the 14
New year, new and old legal trends! From e-discovery and project management to AFAs and alternative delivery service models, we’ve compiled the top 10 legal trends that departments and firms should watch for and leverage to their advantage in 2017. E-Discovery Changes According to the
See if these sound familiar: “rising eDiscovery costs,” “failure to preserve” and “increased spend.” Like a litigation playlist on loop, they have been repeated again and again over the last decade. In an attempt to tackle discovery proportionality and curtail costs to the needs of
Autumn is officially upon us and so is Throwback Thursday. In honor of both, we fall back to this year’s thorough and thought-provoking Mid-Year Electronic Discovery Update, courtesy of the global law firm Gibson Dunn & Crutcher. According to the must-read analysis, it’s been both
On April 10 and 11, the Advisory Committee on Civil Rules met in Portland, Ore., to review proposed amendments to the Federal Rules of Civil Procedure and make key final decisions. Of particular significance was the work around Rule 37(e), also known as the “safe