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In October 2009, the Federal Judicial Center (FJC) released a preliminary report on the results of a national, case-based civil rules survey conducted in May and June 2009. The survey posed questions regarding ...
... to lessen the challenge. In the absence of clear law or procedural rules tailored to ameliorate the growing problem of privilege review in electronic discovery, parties and courts sometimes turned to ...
... for Assigned Names and Numbers, manages rules pertaining to Internet Protocol addresses and domain names. Until now, domain names have been limited to Latin characters, with some additional restrictions ...
... impossible) to prove the fact of alteration.   Fourth, court rules and precedent on authenticity and admissibility of electronically stored information (ESI) are nascent at best. This means that ...
... six to nine months. After that, the data is gone. And when cloud data is gone, it’s usually gone for good. Under the new electronic discovery rules, even an opposing party’s back-up data is generally ...
... sues the executive and the company. Do the executive’s tweets have to be disclosed under Rule 26 of the Federal Rules of Civil Procedure? As former Alaska Gov. Sarah Palin would say, “You betcha!” Yet, ...
... sent to a specific domain (company) are encrypted. •    Content Triggered: The email is automatically encrypted using rules, filters or lexicons that search for a specific combination of ...
8. The Vanishing Point
(Blog/Blog)
... clauses in the rules of civil procedure at the state and federal level. Under the safe harbor rule, attorneys and their clients can’t be sanctioned for being unable to produce potentially relevant data ...
The skyrocketing cost of litigation has many in the legal community calling for a radical revamp of the Federal Rules of Civil Procedure, amended just two and a half years ago to codify the proper handling ...
... to amend the state rules of civil procedure regarding ESI. The proposal under review generally follows the 2006 amendments to the Federal Rules of Civil Procedure, with a few exceptions, including not ...
... court. Follow Your Own Rules Add the Big Easy to the list of thousands of businesses and governments who talk the talk but cannot walk the walk when it comes to managing their IT infrastructure. Apparently, ...
... if they were referenced in interrogatory responses, under typical civil procedure rules someone in the company would have had to read and verify the content of the responses.    Can the employer ...
13. Awash in a Sea of Data
(Blog/Blog)
... is required of counsel under Rule 26(f) of the Federal Rules of Civil Procedure. This preliminary meeting is designed to encourage attorneys to work together on the parameters of discovery as well as ...
The Federal Rules of Civil Procedure were amended in December 2006 in part to make the discovery of electronic evidence more efficient. In many cases, that hasn’t happened yet. Today, the e-discovery ...
... are compelled to do so by a judge and the real threat of court-ordered sanctions. The existing Federal Rules of Civil Procedure already provide an ample framework for cooperative e-discovery. Rule 26(f) ...
...  Courts have uniformly held that the Federal Rules of Civil Procedure and common law impose on attorneys and their clients a joint obligation to preserve all ESI and other evidence that is relevant to ...
You know that electronic discovery is here to stay when a state court in Delaware - one of the most pro-business states in the nation - makes it clear that corporations have to play by the same rules as ...
... over the next few years: 1. There will be no new changes to discovery rules to somehow limit e-discovery.   Proposals have been made to limit the scope of e-discovery. For example, one suggestion ...
... that mirrors traditional paper discovery in civil litigation. We named this blog Rule 26 after the section of the Federal Rules of Civil Procedure that outlines the obligations of litigants to preserve ...
20. Electronic Discovery 101
(Past Performance/Education)
... the discovery duties of client and counsel under the Federal Rules of Civil Procedure; (ii)    Explains how discovery of electronic documents is not like discovery of paper documents; (iii)    Provides ...
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