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Category Archive for: Court Rules

The FRCP Amendments for Visual Learners [Infographic]

An infographic overview of amendments to the Federal Rules of Civil Procedure effective December 1.

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Is Your Litigation Opponent Entitled to Know the Identity of Your E-Discovery Consultant?

Must the identities of non-testifying expert witnesses be disclosed? There are differing views, but in many courts, no, absent exceptional circumstances.

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What You Need to Know About the FRCP E-Discovery Amendments

A summary of amendments to the Federal Rules of Civil Procedure recently approved by the U.S. Supreme Court and sent to Congress for final approval.

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E-Discovery Proportionality Explained

E-discovery "proportionality" is often an amorphous concept. However, court rules, commentators and case law provide guidance.

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Do I Have to Produce Deleted or Corrupted ESI?

Absent good cause, litigants generally need not produce ESI that is “not reasonably accessible." But, if produced, requesting party may have to pay for it.

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Heeding Voltaire, Judge Approves Bulk “Attorneys Eyes Only” Designations

In an attempt to lessen e-discovery costs, judge approves protective order permitting bulk designation of "Attorneys Eyes Only" discovery material.

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Courts: Production of ESI May Involve “Reasonable Technical Support”

Production of electronic evidence requiring special software, like videos or medical records, may obligate producing party to provide technical assistance.

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5 Things to Include in an E-Discovery Clawback Agreement

5 provisions to include in "clawback" agreements to protect attorney-client privilege and "claw back" privileged information produced in discovery.

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Court: Privileged Docs Must be Returned but OK to Use Knowledge Learned From Them

A New York federal court ordered a party to return inadvertently produced privileged documents but permitted use of information learned from the documents.

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Subpoenaed Database Info Must Be Searchable/Sortable (On Request)

California court holds subpoena recipient must provide database information in "reasonably usable form" requiring searchable and sortable digital files.

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