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News, views, interpretations, and other information on the Federal Rules of Civil Procedure (FRCP) relating to Electronic Discovery (e-Discovery).


Federal Rules Articles

Psystar case reveals Apple’s shaky e-mail retention policy

Apple has sold enterprise-class storage hardware and sotware for years, but the company has yet to embrace systematic e-mail and document retention policies that are common among publicly traded companies. Read more


Federal Rule of Evidence 502 (FRE 502) awaits signature

Practitioners who have not been protecting against privilege waiver via court order will want to start standing in line for the rush.

Odds are 99.99 percent the new FRE 502 will be signed by the president and cause a run at the court house.

Like the onset of the amendments to the Federal Rules of continue…


Decisions Up Stakes for Managing EDD

This article, from The Legal Intelligencer, looks at recent court decisions which now seem to demand a standard of near perfection from in-house and outside counsel in managing e-discovery. Indeed, courts are showing little patience for preservation, privilege review or production mistakes and are not hesitating to hold parties and their counsel responsible for such mistakes.  Read more….

 

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Minimizing the Risk That E-Discovery Failures Will Create Corporate Liability

Judicial tolerance for shortcomings in e-discovery is on the decline, and litigants, their counsel and e-discovery vendors are facing direct liability for such failures. Read more….

 


Poor Search Methodology Can Waive Privilege

Slowly but surely, U.S. Magistrate Judge Paul Grimm is writing a treatise on electronic discovery. H. Christopher Boehning and and Daniel J. Toal discuss Judge Grimm’s recent rulings around privilege and his comments on search methodologies in the New York Law Journal.




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