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Supreme Court Adopts Amendments To Federal Rules

RULES OF COURT Rule Amendments Fed. R. App. P. 1, 4, 29; Appellate Form 4; Fed. R. Civ. P. 8, 26, 56; Civil Form 52; Fed. R. Evid. 804 U.S. Orders of Apr. 28, 2010 The Supreme Court has approved amendments to the Federal Rules of Appellate Procedure, Civil Procedure, and Evidence, to take...

Whose Hold Is It Anyway? Potential New Roles For Law Firms In Litigation Holds

By Joshua P. Rosenberg The revision of the Federal Rules of Civil Procedure in December 2006 focused on the rapidly evolving practice of electronic discovery and attempted to deal head-on with the complex issues arising from the production of electronically stored information for cases being litigated...

Significant Change To Federal Rules For Expert Witness Reports Takes Effect

Beginning this month, there has been a significant change to the Federal Rules of Civil Procedure for expert witness reports. Following this change, Rule 26 dictates that draft reports of experts will no longer be discoverable. Draft reports will be protected as work product, and the attorney and the...

John K. Rabiej On The 2010 Amendments To Rule 26 Of The Federal Rules Of Civil Procedure

Important amendments to Rule 26 of the Federal Rules of Civil Procedure became effective Dec. 1, 2010. The amendments extend work-product protection to the discovery of draft reports by a testifying expert witness and, with three important exceptions, to the discovery of communications between a testifying...

John K. Rabiej On The 2010 Amendments To Rule 56 Of The Federal Rules Of Civil Procedure

Important amendments to Rule 56 of the Federal Rules of Civil Procedure became effective Dec. 1, 2010. The amendments are intended to improve the procedures for presenting and deciding summary judgment motions, to make the procedure more consistent across the districts, and to close the gap that has...

Web Archiving: The Next Phase In The Evolution Of Archiving

(This is an excerpt of an Osterman Research Inc. White Paper sponsored by Reed Tech Web Archiving Services and LexisNexis. Please click here to download the entire White Paper .) Executive Summary OVERVIEW The web has become the primary communication and commerce channel for businesses and government...

Fulbright E-Discovery Alert: No Consensus Reached On Preservation: Discovery Subcommittee Holds Mini-Conference On Sept. 9, 2011

On September 9, the Discovery Subcommittee of the Advisory Committee on Civil Rules convened a mini-conference in order to gather information and determine whether it is time to develop recommendations for a change to the Federal Rules of Civil Procedure to address preservation issues. The mini-conference...

Computers Replacing Lawyers In Reviewing Documents?

By William A. Ruskin For those of us who work on document-intensive litigations, take note of Magistrate Judge Andrew J. Peck's (SDNY.) opinion released on February 24, 2012 in Monique Da Silva Moore, et al. v. Publicis Groupe and MSL Group , Case 11 Civ. 1279 (ALC)(AJP). Judge Peck's decision...

Williams Mullen Client Alert: Limiting eDiscovery In Advance In Material Contracts

By JAY BRUDZ and LAURENCE V. PARKER, JR. The Federal Rules of Civil Procedure were amended in 2006 to acknowledge the increasing significance of electronically stored information in litigation. These amendments and similar amendments to state rules have cemented the importance of electronic discovery...

Max Kennerly On The New Pennsylvania Rules Of Civil Procedure Relating To Electronic Discovery

Effective Aug. 1, 2012, the Pennsylvania Rules of Civil Procedure will include, for the first time, rules specifically relating to electronically stored information. The amendments differ from the corresponding Federal Rules, adopting a "proportionality" approach that empowers judges to craft...

Max Kennerly: New Pennsylvania Rules Of Civil Procedure Relating To Electronic Discovery Take Effect Aug. 1

Effective Aug. 1, 2012, the Pennsylvania Rules of Civil Procedure will include, for the first time, rules specifically relating to electronically stored information. The amendments differ from the corresponding Federal Rules, adopting a "proportionality" approach that empowers judges to craft...

Troutman Sanders LLP: Potential Conflicts Between The Duty To Cooperate With Respect To Pre-Trial ESI Discovery And The Duty To Protect Privileged Information

Under the Federal Rules of Civil Procedure, and many state court rules, parties to litigation have an affirmative duty to cooperate with respect to discovery. Complying with this obligation often involves the disclosure of information related to preserving, collecting, filtering, and producing electronically...

Troutman Sanders LLP: Do You Have Control? - Document Preservation Obligations

We all know that litigants or potential litigants have an obligation to preserve potentially relevant and discoverable evidence, under certain circumstances, when litigation is reasonably forseeable. But what are your obligations when a third-party controls your documents? And what are your preservation...

Ballard Spahr LLP: Proposed eDiscovery Rule Would Bring Relief From Specter Of Sanctions

By Philip N. Yannella and Arash Micaily | The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery information, both paper and electronic...

Foley & Lardner LLP: Analysis Of Amendments To Federal Rules Of Civil Procedure 45 And 37

The Supreme Court of the United States has made significant amendments to Federal Rule of Civil Procedure 45, which became effective on December 1, 2013. Rule 45 governs the form, issuance, service, enforcement of, compliance with, and protection from, subpoenas in federal court. Due to the amendments...

Have Massachusetts Attorneys Resolved to Cooperate in 2014?

About 40 percent of Americans apparently make New Year’s resolutions. Of those, 8 percent are said to stick with them. So the vast majority of us either think we are fine as we are or have simply resigned ourselves to our current waistlines, how many cigarettes and bottles of beer we consume, and...

Ballard Spahr LLP: Federal Court Addresses Frequently Overlooked Nuances of Electronic Document Production

By Philip N. Yannella and Thomas J. Gallagher IV U.S. Magistrate Judge Paul S. Grewal of the Northern District of California recently issued an order in Venture Corp., Ltd. v. Barrett shedding light on the meaning of two Federal Rules of Civil Procedure governing document production. One rule requires...