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 [...]
With the widespread use of social media, litigators should consider whether relevant electronically stored information (ESI) may be obtained through discovery. Roughly two-thirds of U.S. adults [...]
Have you ever wondered what happens to all of your personal information and online accounts upon death? Do we allow the Executor/Administrator of the estate to gain access to this information? [...]
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 [...]
(In a Nutshell) Discovery costs have been long recognized as one of the primary sources of civil litigation expenses, and the discovery process often complicates and prolongs matters at bar. [...]
Depositions are the key to civil litigation, and few discovery phases conclude without a handful of these useful, information-gathering proceedings. But only a small percent of attorneys elect [...]