Tag Archives: E-Discovery Rules

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

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

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

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

Judge Warns: Avoid Mechanically Produced Boilerplate Privilege Logs

By Carey Busen on November 12, 2012 Posted in E-Discovery Rules

Co-authored by: Karin Scholz Jenson A recent decision from Judge Facciola of the District Court for the District of Columbia lambasted a party’s unspecific, boilerplate privilege log and directed the party to make “specific and clear claims of privilege.” See Chevron Corp. v. The Weinberg Group (No. 1:11-mc-409, D.D.C.). In Chevron, the Petitioner challenged over … Continue Reading

Judge Carter Refuses to Disqualify one of SDNY’s “Experts in E-Discovery” – Even More on Da Silva Moore

By Gilbert S. Keteltas on November 8, 2012 Posted in Predictive Coding

In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to have plaintiffs seek his recusal on the purported ground that … Continue Reading