In a growing number of discovery decisions, judges have invoked Rule 26 to impose cost-sharing.
There is a need for a uniform standard for rules to guide counsel in all federal courts.
Proposed amendments to Rule 45 will become effective in 2013 absent congressional action.
Consulting local rules ultimately saves time and expense.
District courts have recognized the duty to preserve and the concomitant availability of sanctions for spoliation.
Is "federalism," as it is understood, a good thing?
What we might learn and why it matters to every litigant in America.
Zuckerberg suit moves forward, framing important e-discovery issues concerning authenticity of documents.
The Rules Enabling Act is the best means of ensuring that any modification of the rules achieves its intended purpose.
Tread carefully in areas where judicial opinion is divided.
What do you do when your client testifies falsely during a deposition?
Can “proportionality” be applied to a duty to preserve that arises before the lawsuit is filed?
Recent studies recommend making significant changes to the Federal Rules.
Reform is needed, but what tools are available now to ease pretrial and trial burdens on counsel and clients?
Professionalism and collegiality among adverse counsel are essential to the litigation process.
Changes to the Federal Rules of Civil Procedure went into effect on December 1, 2009.
Since it was last amended, Federal Rule of Civil Procedure 26(a)(2) has bedeviled lawyers.