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Rule 502(d) Orders and the Attorney-Client Privilege

In today’s increasingly data-driven world, compliance with discovery requirements can mean production of hundreds of thousands of pages of documents, if not millions. Federal Rule of Evidence 502(d) was enacted to reduce the costs and risks associated with discovery, and to allow a federal court to protect the privilege of documents that have been inadvertently disclosed. Federal Rule of Evidence 502(d) provides that “a federal court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court – in which event the disclosure is also not a waiver in any other federal or state proceeding.”

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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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Got Your Head Up In the Clouds? Additional Concerns Over Cloud Computing

In her January 11, 2010 post about Cloud Computing, Chris Meer exposed three important considerations when evaluating whether or not to manage critical e-discovery data in the Cloud:  1) the level and quality of your Cloud service provider’s Internet security model; 2) the ability to access your e-discovery data and documents on a 24/7 basis if needed; and 3) the subsequent finely crafted contractual and working relationship with your Cloud service provider that is absolutely required in order to facilitate that access.

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Magic or Science: You Be the Judge

In-House EDD Processing: A Risky Business for Law Firms

In the wake of continued colossal e-discovery volume and associated costs, several highly respected law firms have seen fit to implement their own in-house EDD processing shops in an effort to control and reduce one of the highest e-discovery pain points for clients. 

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