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Discovery

This category contains 9 posts

Amendments to Federal Civil Rules Governing Discovery and Preservation of ESI Set to Take Effect December 1, 2015

The course of federal civil litigation will take a turn on December 1, 2015, with pending amendments to several rules governing discovery, case management, and the preservation of electronically stored information (“ESI”) set to take effect absent intervening Congressional action. The pending amendments are nearly five years in the making, flowing from the Conference on … Continue reading

Proposed Amendments to Federal Rules of Civil Procedure Governing Discovery and Preservation of Electronically Stored Information One Step Closer to Approval

Over the course of the past two years, litigants have faced significant changes to Federal Rules of Civil Procedure that are critical to navigating the federal litigation landscape, include rules governing subpoenas, discovery, case management, and preservation of electronically stored information (“ESI”). We previously discussed the long-awaited changes to Federal Rule of Civil Procedure 45 … Continue reading

February 15th Deadline to Comment on Proposed Amendments to Federal Rules of Civil Procedure

FEBRUARY 15TH DEADLINE TO COMMENT ON PROPOSED AMENDMENTS TO FEDERAL RULES OF CIVIL PROCEDURE:  In August 2013, the Advisory Committee on Civil Rules published proposed amendments to the Fed. R. Civ. P. which address the challenges of managing the scope of discovery in the digital age and the attendant consequences for a party’s failure to … Continue reading

The Streamlined Subpoena Power under Amended Federal Rule of Civil Procedure 45 – Effective December 1, 2013, Barring Congressional Action

            This year several proposed amendments to the Federal Rules of Civil Procedure (“Civil Rules”) are under consideration.  In a previous post, we highlighted the most recent proposed amendments to the Civil Rules which focus on discovery limits and spoliation sanctions and were published for public comment by the Judicial Conference Advisory Committee on Civil … Continue reading

Proposed Amendments to Local Rules for Middle District of North Carolina Open for Comment Until November 1, 2013

            On October 2, 2013, the Local Rules Committee of the Federal District Court for the Middle District of North Carolina announced that it has published for comment proposed amendments to the Local Civil Rules and Local Criminal Rules.  The proposed amendments to the Local Civil Rules include the addition of new rules and changes … Continue reading

Proposed Amendments to Federal Rules of Civil Procedure Include Limitations on Discovery and Spoliation Sanctions, Published for Comment until February 2014

            The costs that parties incur in the broils of litigation have been on the front burner in recent years, with the temperature rising. In 2010, the Judicial Conference Advisory Committee on Civil Rules sponsored a Conference on Civil Litigation at the Duke University School of Law (the “Duke Conference”) to address possible solutions for … Continue reading

Is the Fear of Being Slapped With Discovery Sanctions Keeping You Up at Night?

            This year we have seen state and federal courts issue opinion after opinion ordering sanctions against parties, and sometimes their counsel, for failing to adequately preserve electronically stored information relevant to litigation.  I moderated a discussion at the November 2012 Network of Trial Law Firms Litigation Management CLE seminar regarding critical issues that are … Continue reading

The Duty to Preserve Evidence: Beyond Reasonable Anticipation

   The duty to preserve evidence in the face of impending litigation is a burden that befalls litigants and potential litigants.  We recently discussed the impact of the decision in Zubulake v UBS Warburg LLC 220 FRD 212 (S.D.N.Y. 2003) on the determination of when the duty to preserve attaches with respect to the preservation … Continue reading

Unreasonable Delay in the Age of E-Discovery: The Zubulake “Reasonable Anticipation” Standard Applied in State Court

In the age of e-discovery, businesses across the nation have been challenged with seemingly insurmountable hurdles when facing litigation.  The costs of conducting e-discovery can be extraordinarily high, given the volumes of data often at issue in complex commercial litigation.  The recent case VOOM HD Holdings LLC v. EchoStar Satellite L.L.C., 2012 NY Slip Op … Continue reading

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