Archives: E-Discovery Rules

Perfection Not Required in Technology Assisted Review, but Transparency Might Be

By Nichole Sterling and James A. Sherer on February 5, 2018 Posted in E-Discovery Rules, LegalTech, TAR

A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into how judges will consider the use of advanced analytics in litigation. In Winfield v. City of New York, Magistrate Judge Katharine H. Parker … Continue Reading

Why Aren’t You Using FRE 502(d)

By Nkosi Shields and Ryan Walton on December 18, 2017 Posted in E-Discovery Rules

In 2008, Federal Rule of Evidence 502(d) was signed and enacted into law by Congress to minimize the cost of civil litigation, particularly in matters with large volumes of ESI. The intent of the rule is to allow parties to produce large volumes of documents while reducing the risk of waiving privilege in a federal … Continue Reading

E-Discovery Standards and the 26(g) Signature That Drives the Market

By James A. Sherer on July 10, 2017 Posted in E-Discovery Rules

We begin with three quick questions: 1. Which legal practice has created and fueled a multibillion-dollar support industry? 2. Which legal practice employs incomprehensible acronyms that require a glossary apart from Black’s Law Dictionary? 3. Which legal practice motivates debates between non-lawyer computer scientists and academics? If you guessed e-discovery (perhaps because you’re reading an … Continue Reading

Judge Peck to Attorneys – Wake Up and Read Rule 34

By Edward J. Jacobs and Nichole Sterling on March 16, 2017 Posted in E-Discovery Rules

It has been more than a year since the update to the Federal Rules of Civil Procedure, and Judge Peck is losing patience with litigators who do not follow the “no-longer-new 2015 Amendments.” Recently, in Fischer v. Forrest, he took attorneys to task for not following the updates to Rule 34, and detailed three basic … Continue Reading

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

By Nichole Sterling and Emily R. Fedeles on January 27, 2017 Posted in E-Discovery Rules

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

By Carey Busen and Gilbert S. Keteltas on January 17, 2017 Posted in E-Discovery Rules

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 BakerHostetler on February 4, 2016 Posted in E-Discovery Rules, The Sedona Conference

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?

By Karin Scholz Jenson on December 1, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules

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?

By Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on November 30, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Your First Five Questions

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

By Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on November 25, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Your First Five Questions

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

By Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on November 24, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Preservation, Your First Five Questions

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

By Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on November 23, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Your First Five Questions

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

By Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on November 20, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Your First Five Questions

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

By BakerHostetler on September 9, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules

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 . . .

By Gilbert S. Keteltas on July 13, 2015 Posted in E-Discovery Rules, Preservation, 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

By BakerHostetler on May 19, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules

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

By BakerHostetler on April 7, 2015 Posted in E-Discovery Rules, Privacy

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?

By James A. Sherer and Karin Scholz Jenson on December 10, 2014 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, LegalTech, TAR, The Sedona Conference

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

By BakerHostetler on July 22, 2014 Posted in E-Discovery Rules, E-Discovery Vendor, Predictive Coding

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?

By Gilbert S. Keteltas on March 20, 2014 Posted in E-Discovery Rules, Privacy

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?

By Erica Gann Kitaev on February 25, 2014 Posted in E-Discovery Rules, Privacy

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)

By Gilbert S. Keteltas on February 20, 2014 Posted in E-Discovery Rules

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

By James A. Sherer, Gilbert S. Keteltas and Karin Scholz Jenson on December 31, 2013 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Privacy

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