Tagged with: Federal Rules of Civil Procedure
Despite Clawback, Defendant’s Reckless Abandon of Rule 502 Bites Back
This blog was originally published by our partners at Zapproved. Clawback Agreements and FRE 502 Irth Sols., LLC v. Windstream Commc’ns LLC, No. 2:16-CV-219, 2017 WL 3276021 (S.D. Ohio Aug. 2, 2017).The court denied the defendant’s request to return privileged documents that it claimed it had mistakenly produced on two sepa...
Use Special Masters and Analytics to Ease the eDiscovery Burden
This blog was co-authored by David Degnan, managing attorney at Degnan Law, PLLC. Electronic Discovery is the worst kept secret in Arizona civil litigation cases. While electronic evidence makes up 98% of all written communication, it is often overlooked as a source for key discovery. But this area of...
Rule 1, 16, 26, 34, 37: FRCP Amendments Pertaining to eDiscovery
This post explains the FRCP amendments pertaining to eDiscovery and how they improve cooperation, proportionality and provide uniform rules for preservation. Recently, I was privileged to be included on a panel to discuss the 2015 FRCP Amendments. The panel was hosted by the American Bar Association as a part of...
Is Facebook a Protected Class of Evidence?
This article was originally published on "The Daily Record". This blog debates privacy and the importance of proving relevant evidence exists when requesting information from Facebook and other social media accounts. Discovery is not a game of “Go Fish”. To some extent it’s like playing an open hand of poker...
How to Determine if Your Evidence is Admissible in Court
In the matter Griffin v. State, 2011 Maryland, the defendant Antoine “Boozy” Griffin was charged with murder. In the second trial (first was a mistrial), a witness claimed he was threatened by the defendant’s girlfriend. As evidence, the State submitted the girlfriend’s MySpace page. The girlfriend’s alleged page gave her h...
Georgetown eDiscovery Institute 2014 Update on Changes to FRCP
This morning, at the Georgetown Advanced eDiscovery Institute, we got an update on the current content and state of changes to the Federal Rules of Civil Procedure. The panel consisted of Hon. David G. Campbell, Chair, Civil Rules Advisory Committee; Hon. John G. Koeltl, Hon. Paul Grimm, and was moderated...
Part 6 of 6: What Do the Proposed FRCP Amended Changes Mean for In-House Counsel?
In parts 1 through 5 of this series, we have summarized and described the proposed amendments to the Federal Rules of Civil Procedure that are intended to address electronic discovery, and to promote the early and active judicial management of cases, proportionality in discovery, and cooperation. We have discussed many of the...
Limits on Sanctions in Proposed Rule 37(e) to the FRCP - Part 5 of 6
One of the most controversial proposed amendments is the new proposed Rule 37(e). This proposed amendment had a singular goal — that is, “to amend the rule to address the overbroad preservation many litigants and potential litigants felt they had to undertake to ensure they would not later face sanctions.” Thes...
Part 4 of 6: Cooperation in the Proposed FRCP Amendments
This article was originally published on InsideCounsel.com on February 27, 2014. This post explains the failure of cooperation in discovery and the reaction of some judges to take forceful action to influence and require that lawyers cooperate. In part 2 of this series, we described the proposed amendments to the...
Part 3 of 6: Proportionality in discovery proposals for amendments to FRCP
This article was originally published on InsideCounsel.com on February 13, 2014. This post focuses specifically on proportionality of eDiscovery as the 3rd article in a six-part series discussing the proposed amendments to the FRCP. For those who closely follow the law and literature about electronic discovery, “proportionality” is a word and...
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