Courts have been unpersuaded by argument comparing the actual amount in controversy versus the expense in producing ESI in an attempt to convey unreasonableness.
In the ongoing battle between plaintiffs seeking ESI discovery and defendants resisting these attempts, the plaintiffs have tallied an interesting win.
The court looked to Federal Rule of Procedure 34(b)(2)(E)(i) and (iii) regarding the production of electronically stored information.
By Michael J. Miles and Jeffrey E. Jakob
Early decisions applying the new Rule 37(e) should give comfort to potential litigants who have worked in good faith to preserve potentially relevant ESI.
By Scott N. Wagner and Veronica Gordon
The Supreme Court addresses the right to appeal class action certification denial, and more.
By Joshua A. Kurtzman
Cautionary tales for attorneys.
Regina Martorana discusses some tips to use during mediations. In addition she reviews how FINRA can help your clients. (13:25 min.)
Technology-assisted review (TAR) has been fairly slow to develop because of a combination of a lack of understanding and general lack of trust. Zviad Guruli outlines the history of TAR and ways it can help you and your clients. (08:12 min)
E-discovery and data-management expert Dana Post discusses why U.S. laws make this complicated and offers best practices to still be successful for your client. (9:02 min)
Topics include applying early case assessment techniques, initial data collection and preservation issues, managing client concerns, best tactics for dealing with opposing counsel, and identifying potential early motions and other strategic options. (56:45)
Experienced litigators cover the nuts and bolts of defending depositions and provide strategies and tips to employ when defending all types of clients. (1:00:01)
Insight into the substance of the proposed amendments, the motivations behind them, the amendment process, and the public comments that the committee has received so far. (1:02:46)
"Taking Measure of "Proportionality": Examining the Implementation of the 2015 Federal Rules Amendments Nine Months Out." Read more.
"Privilege and Ethics in Working with Your Expert." Read more.
“Hello ‘Proportionality,’ Goodbye ‘Reasonably Calculated’: Reinventing Case Management and Discovery Under the 2015 Civil Rules Amendments” Read more.
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