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  • Blog Title: E-Discovery

    Committee Proposes “Specificity Requirement” to Federal Rule of Civil Procedure 34 (b)

     What kind of impact can be expected from the “Proportionality Discovery Proposals?”  These Proportionality Discovery Proposals refer to the proposed amendments to the Federal Rules designed to balance the benefits of discovery derived by one party with the other party’s burdens to meet those benefits.  To minimize the number of objections and the confusion that […]

    Proposed Proportionality Amendment to Federal Rule of Civil Procedure 26(b)(1)

    On May 8, 2013, the Civil Rules Advocacy Committee (“Committee”) proposed several changes to the Federal Rules of Civil Procedure. The proposal includes amendments to the following rules: 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37. As part of these revised amendments, the Committee has proposed a series of revisions referred to […]

    What is the Difference between an Adverse Sanction and an Adverse Instruction?

    In the world of discovery, including e-discovery, the production of evidence at trial is necessary to prove or defend a case. But what happens when that evidence is unavailable or goes missing? The Second Circuit addressed one of the possibilities to this issue in Mali v. Fed. Ins. Co, No. 11-5413, 2013 WL 2631369 (2d […]

    Committee Proposes to Narrow Spoliation Sanctions under Federal Rule of Civil Procedure 37(e)

    On May 8, 2013, the Civil Rules Advocacy Committee (“Committee”) proposed several changes to the Federal Rules of Civil Procedure. The proposal includes amendments to the following rules: 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37.  To see the proposed changes to the Proportionality Amendments, Rule 26(b)(1) or Rule 34, please click […]

    Judge “X” has Added You as a Friend

    With the advent of electronic social media “ESM”, Judges are no stranger to communications through social media sites such as Facebook. Judges who utilize social media networking sites are bound by the American Bar Association (“ABA”) Model Code of Judges (the “Code”). The Code states that judges should avoid any contact that could jeopardize, or […]

    Circuit Split Exists Regarding Costs of E-discovery under 28 U.S.C. § 1920(4)

    Over the past several years, the various circuits have been split regarding the costs of litigation associated with the scanning and printing of electronic documents. The source of the conflict is derived from Federal Rules of Civil Procedure (“Rule”) 54(d)(1) and 28 U.S.C. § 1920 (“§ 1920”) also known as the Cost Statute. Rule 54(d)(1) […]

    Litigants: Are You Abiding by the New ABA Rules Regarding Legal Technology?

    On August 6, 2012, the American Bar Association’s (“ABA”) House of Delegates voted to amend the comment to its Model Rule of Professional Conduct (“MRPC”) Rule 1.1, which governs lawyer competence. In amending Rule 1.1 the ABA sought to make clear that a lawyer’s skill set must include knowledge of the benefits and risks associated […]

    Electronic Discovery: Avoiding Disaster: 2013 Zubulake Updates

    It is always a good idea to Shepardize or Keycite important cases, especially when the case involves the ever evolving area of e-discovery.  We find ourselves always checking the cases in our CLE entitled “Electronic Discovery: Avoiding Disaster” to ensure that it remains up-to-date. Typically, in doing so, we tend to check the Zubulake line […]

    NY Courts Adopt Federal E-Discovery Cost Allocation Standard

    U.S. Bank Nat. Ass’n, et al. v. GreenPoint Mortgage Funding, Inc., 94 A.D.3d 58 (1st Dept. 2012) On February 28, 2012, Justice Acosta of the First Department, Appellate Division, adopted the federal Zubulake standard to determine which party is responsible for the cost of searching for, retrieving, and producing electronically stored information (ESI). In U.S. […]

    E-Discovery of Digital Images and Video

    Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life.  Not only can these devices guide you through the vast array of potential restaurants, transit systems, social events and shopping centers, they can also capture these moments in digital images and […]