We’ve already discussed the duty to preserve under Rule 37(e). Discovery includes the preservation, search, analysis, and production of information that might play a role in litigation. The [...]
One of the most notable 2015 amendments to the Federal Rules of Civil Procedure was Rule 37(e), which creates a duty for parties to preserve electronically stored information (ESI). Previously, [...]
As the provisions governing the discovery of Electronically Stored Information (“ESI”) in the Federal Rules of Civil Procedure (“FRCP”) have been amended, many states have also amended their [...]
On December 1, 2015, amendments to Rules 16, 26, 34, and 37 of the Federal Rules of Civil Procedure (FRCP) took effect, and LITeGATION published a post about this topic, here: modifying [...]
You are past the discovery planning conference stage and opposing counsel has just sent you a request to produce documents. There are certain documents that may be discoverable, but you feel [...]
In today’s digital-age, potentially responsive data is voluminous, custodians are plentiful, and data resides all around us. As a result, we are likely to find documents that are protected, [...]
When conducting pre-trial discovery, through interrogatories or demands for documents, it is always necessary to inquire as to the details surrounding electronically stored information (ESI), as [...]