Civil Procedure

A Modest Proposal: Discard Spoliation Sanctions

District courts have recognized the duty to preserve and the concomitant availability of sanctions for spoliation.

Does Federalism Work for the Federal Rules?

Is "federalism," as it is understood, a good thing?

The 7th Circuit E-Discovery Pilot Project [PDF]

What we might learn and why it matters to every litigant in America.

One E-Discovery Trap and How to Avoid It

Zuckerberg suit moves forward, framing important e-discovery issues concerning authenticity of documents.

Does the Proposed Congressional Amendment to Rule 11 Solve a Problem or Create One?

The Rules Enabling Act is the best means of ensuring that any modification of the rules achieves its intended purpose.

Privilege Logs and Inadvertent Waiver: Lawyer Beware

Tread carefully in areas where judicial opinion is divided.

To Tell the Truth

What do you do when your client testifies falsely during a deposition?

Proportionality in E-Discovery: Wishful Thinking?

Can “proportionality” be applied to a duty to preserve that arises before the lawsuit is filed?

Instead of Revising the Rules, Why Not Simply Enforce Them?

Recent studies recommend making significant changes to the Federal Rules.

Greater Efficiency in Civil Procedure

Reform is needed, but what tools are available now to ease pretrial and trial burdens on counsel and clients?

Professionalism Undermined by Misconduct in Deposition

Professionalism and collegiality among adverse counsel are essential to the litigation process.

Technical Amendments to Rules in 2009 Presage Further Changes in 2010

Changes to the Federal Rules of Civil Procedure went into effect on December 1, 2009.

Rule 26 to Change: Limited Privilege for Draft Reports and Communications

Since it was last amended, Federal Rule of Civil Procedure 26(a)(2) has bedeviled lawyers.