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Category Archive for: FRCP

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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Metadata: Can’t Always Get What You Want, Sometimes You Get What You Need

To obtain metadata in discovery, it is best to request it upfront and a showing of "particularized need" may be required.

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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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6 Things to Include in E-Discovery “Quick Peek” Agreements

5 considerations for "quick peek" agreements which permit limited document review before production based on agreement to return privileged materials.

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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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Production of Plaintiff’s Pain Journal in Original Digital Form Not Required by Fed. R. Civ. Proc. 34(b)

A federal magistrate judge in New Mexico denies a request for a plaintiff's pain journal in native format because it was not requested in its original form.

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E-Discovery Production Format: Opportunity Only Knocks Once

Although often overlooked, many court rules specifically state that litigants are not obligated to produce ESI in more than one form.

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6 Ways to Keep Communications with E-Discovery and Litigation Vendors Confidential

Attorney work product protections generally shield communications with litigation vendors and consultants, but steps must be taken to preserve confidentiality.

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Ten E-Discovery Issues to Address During Rule 26(f) and Other Discovery Conferences

Ten things for counsel to consider when preparing for a FRCP 26(f) or other e-discovery conference and potential topics of discussion for the session.

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