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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

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.


E-Discovery Tips From the Bench

When Supreme Court Justice Antonin Scalia went on a publicity tour for his book on legal writing earlier this year, it was considered a rare peek into the mind of an influential jurist. This article by Jason Krause on Law.com discusses how few litigation topics have gotten the judiciary talking as much as e-discovery.


Discovery rules, with a dramatic flair

Chief U.S. Magistrate Judge Paul W. Grimm and attorneys Paul Mark Sandler and Charles S. Fax, whose second book, entitled “Maryland Discovery Problems and Solutions,” address the issues around discovery and privilege in this article by Brandon Kearney from the Maryland Daily Record.


E-discovery blunder leads to loss of attorney-client privilege

A federal judge in Maryland ruled late last month that a company being sued for copyright infringement waived attorney-client privilege for 165 documents accidentally disclosed to opposing counsel during the e-discovery process. Read more from Computerworld’s Brian Fonseca here.




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