E-Discovery

Coverage of products, rulings impacting how discovery is conducted, the application of and abidance with the Federal Rules of Civil Procedure, and business news

  • Daily Business Review

    Shifting Sands: Sanctions and the Failure to Preserve Data

    By Commentary Francesca Russo and Robert R. Jimenez | October 17, 2017

    Electronic discovery has changed how attorneys think about preservation of evidence. Gone are the days of filing cabinets where documents can be locked away, safe from loss. Lawsuits today are won and lost on electronically stored information (ESI), which can be deleted or overwritten by a party's computer system automatically and unintentionally.

    1 minute read

  • National Law Journal

    SCOTUS Takes Up Microsoft Case on Email Privacy

    By Tony Mauro | National Law Journal | October 16, 2017

    In a case closely watched by the tech industry, the justices could unwind a Second Circuit decision that held data stored overseas is beyond the reach of U.S. law enforcement.

    1 minute read

  • The Legal Intelligencer

    Does Federal Rule of Civil Procedure 37(b) Provide Insufficient Relief? Part 2

    By Leonard Deutchman | October 5, 2017

    The court found that the defendant's failure to produce e-discovery within the court's timetable was without justification, and that the defendant's attempts to justify its actions to the plaintiff and the court were "obfuscation," yet it imposed only limited sanctions upon the defendant under Federal Rule of Civil Procedure 37(b), specifically refusing to impose punitive sanctions. In this article, I will explore how prevalent the court's reasoning is and the consequences to litigation.

    1 minute read

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