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WELCOME TO THE NEWLY RE-LAUNCHED KMK MONTHLY E-DISCOVERY ROUND-UP

Richard G. Braman

This month has seen some extraordinary developments.  Probably the most noteworthy of which is the passing of Richard Braman, Founder and Executive Director Emeritus of The Sedona Conference.  And, although I never met him personally, his vision, leadership and influence on the world of e-Discovery have blazed an e-Discovery trail and served as a beacon of light for many of us in this industry, and as such, I am forever grateful.  If you are unfamiliar with Mr. Braman, a beautiful tribute to his life and work can be found on The Sedona Conference website.

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FURTHER REVISED RULE 37(e) PASSES STANDING RULES SUB-COMMITTEE – NEXT STOP, GENERAL DEBATE

"Let us go on perfecting the Constitution by adding, by way of amendment, those forms which time and trial show are still wanting." --Thomas Jefferson Letters; Letter to Wilson Nicholas, 1803.

Following a series of final revisions to the highly controversial proposed re-draft of Federal Rule of Civil Procedure 37(e), and after significant discussions and debate, the Standing Committee of the Federal Rules and Practice Procedure finally approved a revised rule on May 29, 2014. True to form, the most recent version of the rule as adopted by the Advisory Committee on Civil Rules on April 10 – 11, 2014 did manage to pass, but once again only after significant discussion and debate among the Rules Committee members.  While the Sub-Committee has yet to review two memoranda proposing changes to the Committee Notes for Rule 37(e), the revised rule now moves forward to be heard for general debate and comment by the larger Rules Committee. 

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