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Legal Alert: Newly Enacted Federal Rules of Civil Procedure Affecting E-Discovery

Changes to the Federal Rules of Civil Procedure were approved by the U.S. Supreme Court in April of this year and became effective Dec 1, 2015.  While several rules outlining e-discovery compliance obligations were modified, the changes to Rules 26(b) and 37(e) are especially significant and will increasingly require inside and outside litigation counsel to better understand these rules and fundamentals, from a practice, technology and best practices standpoint. 

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TAGS: E-Discovery, ESI, Federal Rules of Civil Procedure, Information Governance

Proportionality in E-Discovery: Tools for Efficiency and Cost Reduction

In our increasingly technological society, parties are encountering a greater demand for electronically stored information (“ESI”) in litigation. This demand has led to the adoption of a concept called proportionality. Proportionality evaluates the costs and benefits of e-discovery, to determine if discovery production is warranted.

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TAGS: E-Discovery, Electronically Stored Information, ESI, Federal Rules of Civil Procedure, Proportionality

September 2014 E-Discovery Round-Up

Hello E-Discovery enthusiasts and welcome to KMK’s September E-Discovery round up.  This month we take a closer look at a recent U.S. Tax Court ruling approving predictive coding, salivate as the FRCP Amendments are approved by the U.S. Judicial Conference and update you on some upcoming screenings of Joe Looby’s acclaimed documentary, “The Decade of Discovery” – so let’s get started, shall we? 

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TAGS: E-Discovery, Federal Rules of Civil Procedure, Predictive Coding, Proposed Amendments


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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"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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Proposed Amendments to the Federal Rules of Civil Procedure Published for Public Comment

The long wait for the Proposed Amendments to the Federal Rules of Civil Procedure to be published for public comment is finally over!  The amendments, dubbed by the Advisory Committee as the “Duke Rules” (so dubbed due to topics repeatedly stressed at the 2010 Duke Litigation Conference), focus on addressing the need for proportionality in discovery, heightened cooperation among lawyers and early and active judicial case management. 

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