April 28, 2015
Under Federal Rule of Civil Procedure 26(b)(2)(b), and similar state rules such as Illinois Supreme Court Rule 201, absent good cause, litigants are not required to […]
March 31, 2015
Are litigants obligated to produce metadata in discovery (information about electronic document file attributes such as type, date of creation, author and the like)? […]
December 10, 2014
Samuel Pero sued his employer, Norfolk Southern Railway, for personal injuries sustained while trying to remove a tree blocking railroad tracks. During discovery, Pero requested video […]
December 4, 2014
As discussed in a previous post, as a result of the volume of electronically stored information (ESI) parties must review in modern litigation, litigants often enter into “clawback” agreements providing for the […]
October 20, 2014
A New York federal court ordered the recipient of inadvertently produced privileged documents to return them, but permitted use of knowledge learned from them. In Stinson v. […]
September 23, 2014
Although often overlooked, the Federal Rules of Civil Procedure and many state e-discovery rules specifically state that litigants are only obligated to produce electronically […]
July 1, 2014
10 things for counsel to consider when preparing for a FRCP 26(f) or and potential topics of discussion for the session.