Archives: E-Discovery Rules

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If the Scope of Discovery Changed and No One Paid Attention, Did the Scope of Discovery Change?

The scope of discovery may be more limited than you think. The Cole’s Wexford opinion provides a thorough dissection of the history and past iterations of Rule 26 and a clear explanation of the status of the current rule as amended in 2015. Judge Joy Flowers Conti, chief district judge of the U.S. District Court … Continue Reading

‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception

Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic processes or systems (FRE 902(13)) and self-authentication of data copied from electronic sources (902(14)), are slated to become effective in 2017. These proposals are intended to … Continue Reading

Retooling Your Practice Under the New Rules with The Sedona Conference Institute: a Case Summary (Part 2)

By Karin Jenson, national leader, E-Discovery Advocacy and Management Team and Co-Chair of The 2016 Sedona Conference Institute And Jacqueline K. Matthews, BakerHostetler associate Every year, The Sedona Conference Institute keeps us ahead of the e-discovery curve with panels such as the famous Case Law Update and Judicial Roundtable.  This year’s Institute will be devoted … Continue Reading

Congratulations! Now what?

Twitter is abuzz with messages about today’s effective date for the changes to the Federal Rules of Civil Procedure that read more like birth announcements (“It’s finally here!”). But figuring out what to do once you get that baby home is another matter – despite having a long time to prepare. Moreover, while there is … Continue Reading

Conclusion: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Are you Ready?

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules are set to be implemented on December 1, 2015 – and they apply to pending cases where “just and practicable” — … Continue Reading

Day 4: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Rule 34 Objections

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules are set to be implemented on December 1, 2015 – and they apply to pending cases where “just and practicable” — … Continue Reading

Day 3: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Preservation

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules are set to be implemented on December 1, 2015 – and they apply to pending cases where “just and practicable” — … Continue Reading

Day 2: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Early Case Assessment

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules are set to be implemented on December 1, 2015 – and they apply to pending cases where “just and practicable” — … Continue Reading

Day 1: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Proportionality

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules are set to be implemented on December 1, 2015 – and they apply to pending cases where “just and practicable” — … Continue Reading

December 2015 Changes to the Federal Rules of Civil Procedure: A BakerHostetler Q&A

In this video, E-Discovery Advocacy and Management team leader Karin S. Jenson answers questions raised by clients and colleagues about the December 1 expected changes to the discovery rules of the Federal Rules of Civil Procedure, their potential practical impact, and how to prepare, including: What are the rules changes, and when do they take … Continue Reading

Preservation by Backup Tape – Your First Five Questions . . .

This is the inaugural post in Discovery Advocate’s new series, “Your First Five Questions,” in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you might ask and why. Have a scenario you’d like us to address? Contact us. Your new client, a Fortune … Continue Reading

Preparing for the December 2015 Changes to the Federal Rules of Civil Procedure

The package of changes to the Federal Rules of Civil Procedure presents a powerful opportunity to cut litigation discovery costs, risks and burdens – particularly for skilled legal advocates and businesses that are prepared. And, although the changes are not expected to take effect until December 1, 2015, some courts are already looking to them … Continue Reading

James Sherer Discusses Cross-border Bring Your Own Device (“BYOD”) eDiscovery and Data Privacy Issues

Counsel James Sherer, co-leader of BakerHostetler’s Information Governance team, sat down with Kroll Ontrack’s Michele Lange and Eric Robinson for a Legal Talk Network ESI Report on 2015 Trade Shows and Trends in E-Discovery.  Sherer discussed trends associated with cross-border Bring Your Own Device (“BYOD”), related data privacy and eDiscovery considerations, and the upcoming amendments … Continue Reading

From Sedona to Georgetown to New York—What’s Fashionable in eDiscovery This Year?

It’s that time of year, when bench, bar, vendors, and clients think big eDiscovery thoughts. They go to The Sedona Conference (which is not in Sedona), Georgetown Law’s Advanced eDiscovery Institute (which is not at Georgetown Law—but close!), and in a few short months, LegalTech New York (which, bucking the trend, is in New York). … Continue Reading

Gil Keteltas Discusses E-Discovery in Q&A for Recommind Blog Article

Partner Gil Keteltas, co-editor of BakerHostetler’s Discovery Advocate blog, participated in a question-and-answer session with Senior Discovery Counsel for Recommind, Inc., Philip Favro. Keteltas’ responses appeared in a July 22, 2014, blog post on Recommind.com and addressed topics including FCRP Rule 26, proposed amendments to FCRP, predictive coding, and e-discovery challenges facing companies in 2014. Read … Continue Reading

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications between Indonesian officials and an American law firm retained by Indonesia for help with the trade dispute.” Web-based email service providers may use automated processes … Continue Reading

Isn’t E-Discovery Hard Enough Without the Internet of Things?

This week, after a seemingly endless year of construction, my family and I moved into our new, energy-efficient home.  As I was in the kitchen unpacking, my daughter cried out, somewhat dramatically, “Mama, come here …. The thermostat is watching me…”  Whereupon she proceeded to demonstrate this by waiting until the thermostat went dark and … Continue Reading

Human or Technology Assisted: Imperfect Review Can Still be Defensible (SDNY)

It’s a common refrain that, while courts have allowed the use of technology assisted review, no court has yet blessed the outcome of an imperfect technology assisted review process over the objection of another party.  But dicta in Judge Denise Cote’s recent decision in FHFA v. HSBC North America Holdings Inc. (SDNY) (“HSBC“) gets darn close. HSBC is one of a number of … Continue Reading

E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World Doesn’t Just Seem Bigger

In some respects, 2013 seemed like a conversation between Vladimir and Estragon.  Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected clients speaking the same language; others feared that a continuation of the status quo meant simply that another year had passed without addressing the … Continue Reading

Something Wicked This Way Comes – Dark and Dusty Data and the Risk Your Organization Already Owns

This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. During the final panel of Thomson Reuters’ 17th Annual eDiscovery & Information Governance in Practice Forum, Thomas Barnett, Ignatius Grande, and Sandra Rampersaud led a lively discussion on Managing Big Data, Dark Data, and Risk.  And while the exchange incorporated Information Governance 101 principles … Continue Reading

Your Request for Spoliation Sanctions Could Get You Sanctioned

We like our litigation to be decided on the merits. Sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes — although perhaps not frequently enough — baseless and abusive motions are punished. Recently, in Smith v. Westchester County Dept. of Corrections, No. 07-CIV-1803 (SDNY), Judge Shira A. Scheindlin … Continue Reading

Judicial Conference Proposes Proportional Discovery Through Amendments to the FRCP

The Judicial Conference’s Committee on Rules of Practice and Procedure recently approved for publication proposals to amend the Federal Rules of Civil Procedure.  If enacted, these proposals would significantly limit the scope of discovery – including ediscovery. The proposals include imposing or reducing the number of depositions, interrogatories, and requests for admission under Rules 30, … Continue Reading

Nothing Goes Better with Race Tires than . . . Wine?! – Fourth Circuit Limits Taxable eDiscovery Costs

As we’ve discussed multiple times (see here, here, and here), the issue of what types of ediscovery costs are taxable under 28 U.S.C. § 1920 was first addressed by a federal appellate court last spring in Race Tires America, Inc. v. Hoosier Racing Tire Corp.  The Third Circuit – in line with the Supreme Court’s … Continue Reading
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