THE 2015 FEDERAL E-DISCOVERY RULES AMENDMENTS

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "THE 2015 FEDERAL E-DISCOVERY RULES AMENDMENTS"

Transcription

1 THE 2015 FEDERAL E-DISCOVERY RULES AMENDMENTS 1

2 Today s Panel Gary R. Jones, U.S. Magistrate Judge Ralph Artigliere, Florida Circuit Court Judge (Retired) William F. Hamilton, UF Law E-Discovery Project 2

3 Why Now? Duke Conference in 2010 First Draft in witnesses 2300 written submissions Approved by Supreme Court Submitted to Congress Effective December 1,

4 The Big Four Principal Changes Rule 1 & 16: Cooperation and Disclosures Rule 26(b): Scope of Discovery Rule 26(c)(1)(B): Allocation of Expenses Rule 26(d)(2): Early Requests for Production Rule 26(f)(3): E-Discovery Topics Rule 34 (b)(2) :Responses and Objections Rule 37(e): Sanctions 4

5 Amendments to Rule 1 [These rules] should be construed, and administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding. 5

6 Committee Note to Rule 1 Effective advocacy is consistent with and indeed depends upon cooperative and proportional use of procedure. [Amendment] does not create a new or independent source of sanctions. 6

7 Rule 16 Emphasizes the importance of direct simultaneous communication Accelerates the time for issuing the Scheduling Order by 30 days. Includes the following as permitted content: Preservation FRE 502 Requiring pre-motion conferences 7

8 Rule 26(b)(1)--Proportionality Parties may obtain discovery regarding any non-privileged matter that is relevant to any party s claim or defense and proportional to the needs of the case.. 8

9 Rule 26: Proportionality Factors, considering the importance of the issues at stake in the action, the amount in controversy, the parties resources, the parties relative access to relevant information, the importance of the discovery in resolving the issues, and whether the burden and expense of the proposed discovery outweighs its likely benefit. 9

10 Rule 34 Response and Objections For each item or category, the response must state with specificity the grounds for objecting. An objection must state whether any responsive materials are being withheld on the basis of that objection. 10

11 What is removed from Rule 26? For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. 11

12 What is removed from Rule 26(b)(1)? Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. 12

13 Committee Note on reasonably calculated The phrase reasonably calculated has continued to define the scope of discovery which might swallow any other [discovery] limitation. The [phrase] has continued to create problems. It is replaced by the direct statement that Information within the scope of discovery need not be admissible in evidence to be discoverable. 13

14 What is removed from Rule 26? including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and locations of persons who know of discoverable matter. 14

15 Committee Note on information systems Discovery of such matters is so deeply entrenched in practice that it is no longer necessary to clutter the long text with these examples. The discovery in these examples should still be permitted. Framing intelligent requests for ESI, for example, may require detailed information about another party s information systems and other information sources. 15

16 Rule 26(c)(10(B) cost shifting [The court may specify] terms, including time and place or the allocation of expenses, for the disclosure or discovery. 16

17 Rule 26(d) Early Rule 34 Requests More than 21 days after the summons and complaint are served on a party, a request under Rule 34 may be delivered. The request is considered to have been served at the first Rule 26(f) conference. 17

18 Rule 26(f): topics of conference Preservation FRE

19 Rule 37(e) Completely re-written Only addresses preservation failures Creates a two-tier sanctions framework. 19

20 Rule 37(e)(1) The two tiers of curative measures Both tiers require findings that: ESI should have been preserved A party failed to take reasonable steps Cannot be replaced through additional discovery 20

21 Rule 37(e)(1) Upon finding of prejudice to another party from the loss of the information, [the court] may order measures no greater than necessary to cure the prejudice 21

22 Rule 37(e)(2) Sanctions Only on a finding that the party acted with the intent to deprive another party of the information's use in the litigation may (A) presume that the lost information was unfavorable to the party 22

23 Rule 37(e)(2) Sanctions (B) instruct the jury that it may or must presume the information was unfavorable to the party; or (C) dismiss the action or enter a default judgment 23

24 Conclusion Increased reliance on specificity and facts in both claiming and asserting proportionality and objections to discovery Sanctions remain available for loss of data that are quite severe, but court s will try to effect curative remedies as much as possible 24

25 Thank you for Joining What s next: On November 2nd our Distinguished E-Discovery Speaker will be Judge James F. Francis Save the Date Our 4 th Annual Electronic Discovery Conference Takes Place on March 30, 2016 If you missed the 3 rd Annual Electronic Discovery Conference there is still time to view. Register for access at 25

2015 ANNUAL MEETING Vancouver, BC September 11, 2015. Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery?

2015 ANNUAL MEETING Vancouver, BC September 11, 2015. Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery? 2015 ANNUAL MEETING Vancouver, BC September 11, 2015 Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery? 2010 DUKE CONFERENCE May 10-11 Duke Law School 200 Participants

More information

4/10/2015. Be Prepared: How The New Changes To The FRCP Affect Information Governance. Your Presenters. Agenda

4/10/2015. Be Prepared: How The New Changes To The FRCP Affect Information Governance. Your Presenters. Agenda Be Prepared: How The New Changes To The FRCP Affect Information Governance Presented by John Isaza, Esq., FAI CEO, Information Governance Solutions, LLC Wednesday, April 15, 2015 1:00 p.m. (PDT) Your Presenters

More information

Federal Rule Changes Affecting E-Discovery Are Almost Here - Are You Ready This Time?

Federal Rule Changes Affecting E-Discovery Are Almost Here - Are You Ready This Time? Federal Rule Changes Affecting E-Discovery Are Almost Here - Are You Ready This Time? An Overview of the Rules, History and Commentary Absent congressional action to reject, modify or defer proposed amendments

More information

ESI Preservation in Employment Litigation: Counsel s Guide to New FRCP ediscovery Amendments

ESI Preservation in Employment Litigation: Counsel s Guide to New FRCP ediscovery Amendments ESI Preservation in Employment Litigation: Counsel s Guide to New FRCP ediscovery Amendments FEATURED FACULTY: Patricia E. Antezana, Counsel, Reed Smith LLP PAntezana@ReedSmith.com Steven C. Bennett, Partner,

More information

The Duty of Preservation

The Duty of Preservation Session 6 ERM Case Law: The Annual MER Update of the Latest News, Trends, & Issues Hon. John M. Facciola United States District Court, District of Columbia Kenneth J. Withers, Esq. Deputy Executive Director,

More information

B loomberg BNA recently conducted this interview

B loomberg BNA recently conducted this interview Corporate Law & Accountability Report Reproduced with permission from Corporate Accountability Report, 13 CARE 03, 01/16/2015. Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

More information

I. THE DUKE CONFERENCE.

I. THE DUKE CONFERENCE. COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OF THE JUDICIAL CONFERENCE OF THE UNITED STATES WASHINGTON, D.C. 20544 Agenda E-19 (Appendix B) Rules September 2014 JEFFREY S. SUTTON CHAIR JONATHAN C. ROSE

More information

The Redgrave Roundtable. New Proposed Federal Discovery Rules: What They Say & What Is Next

The Redgrave Roundtable. New Proposed Federal Discovery Rules: What They Say & What Is Next The Redgrave Roundtable New Proposed Federal Discovery Rules: What They Say & What Is Next Today s Speakers Jonathan Redgrave Partner, Redgrave LLP Thomas Allman Adjunct Professor, University of Cincinnati

More information

Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age

Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age Panel Members Judge Ronald L. Buch, Moderator Panelists The Honorable Paul W. Grimm U.S. District Court for

More information

Supreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods.

Supreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods. Supreme Court Rule 201. General Discovery Provisions (a) Discovery Methods. Information is obtainable as provided in these rules through any of the following discovery methods: depositions upon oral examination

More information

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE 1 What is ESI? Information that exists in a medium that can only be read through the use of computers Examples E-mail Word Documents Databases Spreadsheets Multimedia

More information

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE Proposed Recommendation No. 249 Proposed Amendment of Rules 4009.1, 4009.11, 4009.12, 4009.21, 4009.23, and 4011 Governing Discovery of Electronically

More information

Vermont Bar Association. E-Discovery, Part 4. March 21, 2014 Hilton Burlington, VT

Vermont Bar Association. E-Discovery, Part 4. March 21, 2014 Hilton Burlington, VT Vermont Bar Association Seminar Materials 57 th Mid-Year Meeting E-Discovery, Part 4 March 21, 2014 Hilton Burlington, VT Faculty: Matthew B. Byrne, Esq. James Knapp, Esq. Greg Weimer, Esq. Vermont Bar

More information

NEW YORK STATE BAR ASSOCIATION LABOR AND EMPLOYMENT LAW SECTION ANNUAL MEETING. January 30, 2015 INFORMAL DISCOVERY IN STATE AND FEDERAL COURTS

NEW YORK STATE BAR ASSOCIATION LABOR AND EMPLOYMENT LAW SECTION ANNUAL MEETING. January 30, 2015 INFORMAL DISCOVERY IN STATE AND FEDERAL COURTS SULLIVAN & CROMWELL LLP NEW YORK STATE BAR ASSOCIATION LABOR AND EMPLOYMENT LAW SECTION ANNUAL MEETING January 30, 2015 INFORMAL DISCOVERY IN STATE AND FEDERAL COURTS Tracy Richelle High Christina Andersen

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-199 HOUSE BILL 380

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-199 HOUSE BILL 380 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-199 HOUSE BILL 380 AN ACT TO CLARIFY THE PROCEDURE FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND TO MAKE CONFORMING CHANGES TO

More information

ANNUAL REPORT OF THE COMMITTEE ON DISCOVERY PROCEDURES TO THE ILLINOIS JUDICIAL CONFERENCE

ANNUAL REPORT OF THE COMMITTEE ON DISCOVERY PROCEDURES TO THE ILLINOIS JUDICIAL CONFERENCE ANNUAL REPORT OF THE COMMITTEE ON DISCOVERY PROCEDURES TO THE ILLINOIS JUDICIAL CONFERENCE Hon. Maureen E. Connors, Chair Hon. William J. Becker Hon. Frank R. Fuhr Hon. Kimbara G. Harrell Hon. Katherine

More information

Outlaw v. Willow Oral Argument Motions for Sanctions

Outlaw v. Willow Oral Argument Motions for Sanctions William Mitchell E-Discovery Symposium Outlaw v. Willow Oral Argument Motions for Sanctions Mary T. Novacheck, Esq. Partner Bowman and Brooke LLP Outlaw's Motion: Cost Shift Vendor Fees to Willow Prior

More information

2015 Ediscovery Case Law and Rules: Year in Review

2015 Ediscovery Case Law and Rules: Year in Review 2015 Ediscovery Case Law and Rules: Year in Review 1 Agenda Top 10 Ediscovery Cases of 2015 Rules Developments California Ethics Opinion Federal Rules of Civil Procedure 2 3 2015 Ediscovery Case Law Case

More information

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys By Ronald S. Allen, Esq. As technology has evolved, the federal courts have

More information

The Intrusive Nature of Discovery in U.S. Patent Litigation

The Intrusive Nature of Discovery in U.S. Patent Litigation The Intrusive Nature of Discovery in U.S. Patent Litigation October 16, 2014 Jeffrey R. Schaefer jschaefer@ulmer.com All patent infringement litigation in the U.S. takes place in federal courts. Cases

More information

grouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2)

grouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2) ESI: Federal Court An introduction to the new federal rules governing discovery of electronically stored information In September 2005, the Judicial Conference of the United States unanimously approved

More information

Rule 26. General Provisions Governing Discovery.

Rule 26. General Provisions Governing Discovery. Published on Arkansas Judiciary (https://courts.arkansas.gov) Rule 26. General Provisions Governing Discovery. (a) Discovery Methods. Parties may obtain discovery by one or more of the following methods:

More information

SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM FOR DISCOVERY OF ELECTRONICALLY STORED

SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM FOR DISCOVERY OF ELECTRONICALLY STORED SEVENTH CIRCUIT ELECTRONIC DISCOVERY PILOT PROGRAM PROPOSED PRINCIPLES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION Sean M. Hendricks, J.D. Client Services Manager (312) 893-7321 / shendricks@forensicon.com

More information

October 22, 2012 Conference Call Notes

October 22, 2012 Conference Call Notes DUKE CONFERENCE SUBCOMMITTEE October 22, 2012 Conference Call Notes The Duke Conference Subcommittee met by conference call on October 22, 2012, to discuss revisions of the proposed rules drafts that were

More information

LAWYERS FOR CIVIL JUSTICE. COMMENT to the ADVISORY COMMITTEE ON CIVIL RULES THOUGHTS ON THE NOTE TO PROPOSED RULE 37(e) April 25, 2014

LAWYERS FOR CIVIL JUSTICE. COMMENT to the ADVISORY COMMITTEE ON CIVIL RULES THOUGHTS ON THE NOTE TO PROPOSED RULE 37(e) April 25, 2014 LAWYERS FOR CIVIL JUSTICE COMMENT to the ADVISORY COMMITTEE ON CIVIL RULES THOUGHTS ON THE NOTE TO PROPOSED RULE 37(e) April 25, 2014 Lawyers for Civil Justice ( LCJ ) respectfully submits the following

More information

The Road to E-Discovery: More Garden Path, Less Mountain Climb?

The Road to E-Discovery: More Garden Path, Less Mountain Climb? The Road to E-Discovery: More Garden Path, Less Mountain Climb? By Daniela Bassan January 2016 1 Any discussion of e-discovery in Canada including how to make the process more efficient and user-friendly

More information

Friday 31st October, 2008.

Friday 31st October, 2008. Friday 31st October, 2008. It is ordered that the Rules heretofore adopted and promulgated by this Court and now in effect be and they hereby are amended to become effective January 1, 2009. Amend Rules

More information

MARCH 2014. Proposed Changes to the Federal Rules of Civil Procedure

MARCH 2014. Proposed Changes to the Federal Rules of Civil Procedure MARCH 2014 Proposed Changes to the Federal Rules of Civil Procedure On August 15, 2013, the Judicial Conference s Advisory Committee on Civil Rules ( Advisory Committee ) proposed amendments to the Federal

More information

IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682. Pretrial Conferences; Scheduling; Management.

IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682. Pretrial Conferences; Scheduling; Management. IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682 Amending Civil Rules 16, 26, 33, 34, 37, and 45 concerning Discovery of Electronic Information IT IS ORDERED: 1. Civil Rule 16 is amended to read

More information

LAWYERS FOR CIVIL JUSTICE. COMMENT to the ADVISORY COMMITTEE ON CIVIL RULES

LAWYERS FOR CIVIL JUSTICE. COMMENT to the ADVISORY COMMITTEE ON CIVIL RULES LAWYERS FOR CIVIL JUSTICE COMMENT to the ADVISORY COMMITTEE ON CIVIL RULES AT THE FINISH LINE: THE FINAL MODIFICATIONS NECESSARY TO BRING THE COMMITTEE S WORK TO FRUITION AND ENSURE MEANINGFUL RESULTS

More information

Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure

Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure MEALEY S TM LITIGATION REPORT Discovery Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure by Michael C. Lynch and Lystra Batchoo Kelley

More information

Key differences between federal practice and California practice

Key differences between federal practice and California practice Discovery and deposition practice in federal court Key differences between federal practice and California practice BY BRIAN J. MALLOY Federal law governs procedural matters for cases that are in federal

More information

PRODOC FEDERAL CRIMINAL DEFENSE

PRODOC FEDERAL CRIMINAL DEFENSE PRODOC FEDERAL CRIMINAL DEFENSE Whether you practice criminal defense in federal court or want to expand in that area, the automated ProDoc Federal Criminal Defense volume is for you. You will find the

More information

PART III Discovery. Overview of the Discovery Process CHAPTER 8 KEY POINTS THE NATURE OF DISCOVERY. Information is obtainable by one or more discovery

PART III Discovery. Overview of the Discovery Process CHAPTER 8 KEY POINTS THE NATURE OF DISCOVERY. Information is obtainable by one or more discovery PART III Discovery CHAPTER 8 Overview of the Discovery Process Generally, discovery is conducted freely by the parties without court intervention. Disclosure can be obtained through depositions, interrogatories,

More information

The 2015 Civil Rules Package As Transmitted to Congress Thomas Y. Allman 1

The 2015 Civil Rules Package As Transmitted to Congress Thomas Y. Allman 1 Page 1 of 32 The 2015 Civil Rules Package As Transmitted to Congress Thomas Y. Allman 1 The Duke Amendments (1) Cooperation (Rule 1) 4 (2) Case Management (Rules 4(m), 16, 26, 34, 55) 5 (3) Scope of Discovery/Proportionality

More information

The Top Ten List (and one) of Changes to the Federal Rules

The Top Ten List (and one) of Changes to the Federal Rules The Top Ten List (and one) of Changes to the Federal Rules The List (1) The rules now refer to electronically stored information, which is on equal footing with paper. Rules 26(a)(1), 26(b)(2), 26(b)(5)(B),

More information

The Civil Rules Package As Approved By the Judicial Conference (September, 2014)

The Civil Rules Package As Approved By the Judicial Conference (September, 2014) Page 1 of 27 The Civil Rules Package As Approved By the Judicial Conference (September, 2014) Thomas Y. Allman 1 Introduction The Rules Package (1) Cooperation (Rule 1) 4 (2) Case Management (Rules 4,

More information

The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith. June 10, 2009

The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith. June 10, 2009 The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith June 10, 2009 Discovery On January 1, 2010, Rules will be amended by adding the following

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC11-1542 IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE ELECTRONIC DISCOVERY. PER CURIAM. [July 5, 2012] The Florida Bar s Civil Procedure Rules Committee (Committee)

More information

IN THE SUPREME COURT OF FLORIDA RESPONSE TO COMMENTS TO PROPOSED AMENDMENTS TO ADDRESS DISCOVERY OF ELECTRONICALLY STORED INFORMATION

IN THE SUPREME COURT OF FLORIDA RESPONSE TO COMMENTS TO PROPOSED AMENDMENTS TO ADDRESS DISCOVERY OF ELECTRONICALLY STORED INFORMATION IN THE SUPREME COURT OF FLORIDA IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE CASE NO.: SC11-1542 RESPONSE TO COMMENTS TO PROPOSED AMENDMENTS TO ADDRESS DISCOVERY OF ELECTRONICALLY STORED INFORMATION

More information

Case 6:13-cv-01168-EFM-TJJ Document 157 Filed 06/26/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 6:13-cv-01168-EFM-TJJ Document 157 Filed 06/26/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 6:13-cv-01168-EFM-TJJ Document 157 Filed 06/26/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS CARGILL MEAT SOLUTIONS CORPORATION, v. Plaintiff, PREMIUM BEEF FEEDERS,

More information

AN E-DISCOVERY MODEL ORDER

AN E-DISCOVERY MODEL ORDER AN E-DISCOVERY MODEL ORDER INTRODUCTION Since becoming a staple of American civil litigation, e-discovery has been the subject of extensive review, study, and commentary. See The Sedona Principles: Best

More information

The Civil Rules Package as Adopted by the Standing Committee (May, 2014)

The Civil Rules Package as Adopted by the Standing Committee (May, 2014) Page 1 of 27 The Civil Rules Package as Adopted by the Standing Committee (May, 2014) Thomas Y. Allman 1 Introduction The Rules Package (1) Cooperation (Rule 1) 4 (2) Case Management (Rules 4, 16, 26,

More information

DISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP

DISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP DISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP Presented by Frank H. Gassler, Esq. Written by Jeffrey M. James, Esq. Over the last few years,

More information

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION STANDING ORDER FOR MAGISTRATE JUDGE KANDIS A. WESTMORE (Revised

More information

BEYOND THE HYPE: Understanding the Real Implications of the Amended Federal Rules of Civil Procedure. A Clearwell Systems White Paper

BEYOND THE HYPE: Understanding the Real Implications of the Amended Federal Rules of Civil Procedure. A Clearwell Systems White Paper BEYOND THE HYPE: UNDERSTANDING THE REAL IMPLICATIONS OF THE AMENDED FRCP PA G E : 1 BEYOND THE HYPE: Understanding the Real Implications of the Amended Federal Rules of Civil Procedure A Clearwell Systems

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Defendants.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Defendants. Case :-cv-00-btm-rbb Document Filed 0// Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 0 NUVASIVE, INC., a Delaware corporation, Plaintiff, vs. MADSEN MEDICAL, INC., et al., MADSEN

More information

September Edition of Notable Cases and Events in E-Discovery

September Edition of Notable Cases and Events in E-Discovery SEPTEMBER 24, 2014 E-DISCOVERY UPDATE September Edition of Notable Cases and Events in E-Discovery This update addresses the following recent developments and court decisions involving e-discovery issues:

More information

Emerging Topics for E-Discovery. October 22, 2014

Emerging Topics for E-Discovery. October 22, 2014 Emerging Topics for E-Discovery October 22, 2014 ACEDS Membership Benefits Training, Resources and Networking for the E-Discovery Community! Exclusive News and Analysis! Weekly Web Seminars! Podcasts!

More information

Ten Practical Tips in E-Discovery Advocacy

Ten Practical Tips in E-Discovery Advocacy Ten Practical Tips in E-Discovery Advocacy Introduction Electronic discovery involves a variety of challenges, some of which can be contentious. Disagreements can arise regarding issues such as preservation,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD. Case: 14-11987 Date Filed: 10/21/2014 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11987 Non-Argument Calendar Docket No. 1:13-cv-02128-WSD PIEDMONT OFFICE

More information

E-Discovery Guidance for Federal Government Professionals Summer 2014

E-Discovery Guidance for Federal Government Professionals Summer 2014 E-Discovery Guidance for Federal Government Professionals Summer 2014 Allison Stanton Director, E-Discovery, FOIA, & Records Civil Division, Department of Justice Adam Bain Senior Trial Counsel Civil Division,

More information

NC General Statutes - Chapter 1A Article 5 1

NC General Statutes - Chapter 1A Article 5 1 Article 5. Depositions and Discovery. Rule 26. General provisions governing discovery. (a) Discovery methods. Parties may obtain discovery by one or more of the following methods: depositions upon oral

More information

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP

More information

FEDERAL PRACTICE. In some jurisdictions, understanding the December 1, 2006 Amendments to the Federal Rules of Civil Procedure is only the first step.

FEDERAL PRACTICE. In some jurisdictions, understanding the December 1, 2006 Amendments to the Federal Rules of Civil Procedure is only the first step. A BNA, INC. DIGITAL DISCOVERY & E-EVIDENCE! VOL. 7, NO. 11 232-235 REPORT NOVEMBER 1, 2007 Reproduced with permission from Digital Discovery & e-evidence, Vol. 7, No. 11, 11/01/2007, pp. 232-235. Copyright

More information

COMPUTING LITIGATING IN THE CLOUD. Steven W.Teppler, Esq. Senior Counsel, KamberEdelson, LLC

COMPUTING LITIGATING IN THE CLOUD. Steven W.Teppler, Esq. Senior Counsel, KamberEdelson, LLC COMPUTING LITIGATING IN THE CLOUD Steven W.Teppler, Esq. Senior Counsel, KamberEdelson, LLC SNIA Legal Notice The material contained in this tutorial is copyrighted by the SNIA. Member companies and individual

More information

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS DIVISION. v. Case No. [MODEL] ORDER REGARDING E-DISCOVERY IN PATENT CASES

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS DIVISION. v. Case No. [MODEL] ORDER REGARDING E-DISCOVERY IN PATENT CASES [NOTE: This is a redline/strikeout version of Appendix P, the Model Order Regarding E- Discovery in Patent Cases. This version shows changes that were made to Federal Circuit Chief Judge Randall Rader

More information

Case 2:10-cv-00802-CW Document 90 Filed 02/02/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION

Case 2:10-cv-00802-CW Document 90 Filed 02/02/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION Case 2:10-cv-00802-CW Document 90 Filed 02/02/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION MURIELLE MOLIERE, Plaintiff, v. OPTION ONE MORTGAGE, et al., Defendants.

More information

Conference Cooperation Proclamation

Conference Cooperation Proclamation The Sedona Conference Working Group Series The Sedona Conference Cooperation Proclamation Dialogue Designed to Move the Law Forward in a Reasoned and Just Way The Sedona Conference Cooperation Proclamation

More information

In-House Solutions to the E-Discovery Conundrum

In-House Solutions to the E-Discovery Conundrum 125 In-House Solutions to the E-Discovery Conundrum Retta A. Miller Carl C. Butzer Jackson Walker L.L.P. April 21, 2007 www.pointmm.com I. OVERVIEW OF THE RULES GOVERNING ELECTRONICALLY- STORED INFORMATION

More information

Commencement of a Deficiency Proceeding and Pretrial Practice

Commencement of a Deficiency Proceeding and Pretrial Practice Commencement of a Deficiency Proceeding and Pretrial Practice Michael J. Desmond is a certified as a Tax Law Specialist by the State Bar of California, Board of Legal Specialization. Mike began his career

More information

(129th General Assembly) (Amended Substitute House Bill Number 380) AN ACT

(129th General Assembly) (Amended Substitute House Bill Number 380) AN ACT (129th General Assembly) (Amended Substitute House Bill Number 380) AN ACT To enact sections 2307.951, 2307.952, 2307.953, and 2307.954 of the Revised Code to require claimants in asbestos tort actions

More information

ANALYSIS OF ORIGINAL BILL

ANALYSIS OF ORIGINAL BILL Franchise Tax Board ANALYSIS OF ORIGINAL BILL Author: Evans Analyst: Deborah Barrett Bill Number: AB 5 See Legislative Related Bills: History Telephone: 845-4301 Introduced Date: December 1, 2008 Attorney:

More information

ELECTRONIC BOARD MATERIALS: BEST PRACTICES FOR DIRECTORS

ELECTRONIC BOARD MATERIALS: BEST PRACTICES FOR DIRECTORS ELECTRONIC BOARD MATERIALS: BEST PRACTICES FOR DIRECTORS March 10, 2016 Fabio Battaglia Joseph T. Kelleher This presentation is for educational purposes only. It should not be construed as legal advice

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:08-cv-02601-MLB-KMH Document 41 Filed 06/02/10 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS HIMOINSA POWER SYSTEMS, INC. ) et al., ) ) Plaintiffs, ) ) v. ) Case No.

More information

A Brief Overview of ediscovery in California

A Brief Overview of ediscovery in California What is ediscovery? Electronic discovery ( ediscovery ) is discovery of electronic information in litigation. ediscovery in California is governed generally by the Civil Discovery Act. In 2009, the California

More information

ELECTRONIC DISCOVERY. Dawn M. Curry

ELECTRONIC DISCOVERY. Dawn M. Curry ELECTRONIC DISCOVERY Dawn M. Curry Nutter McClennen & Fish LLP World Trade Center West 155 Seaport Boulevard Boston, Massachusetts 02210 Telephone 617.439.2000 www.nutter.com E-Discovery Facts 93-99% of

More information

Data Preservation Duties and Protocols

Data Preservation Duties and Protocols Data Preservation Duties and Protocols November 2008 HOU:2858612.3 Discussion Outline I. The Differences Between Electronic and Paper Discovery II. The Parameters of Electronic Discovery III. Rule 37(e)

More information

2013 E-DISCOVERY AMENDMENTS TO THE MASSACHUSETTS RULES OF CIVIL PROCEDURE BOSTON E-DISCOVERY SUMMIT 2013 DECEMBER 3, 2013

2013 E-DISCOVERY AMENDMENTS TO THE MASSACHUSETTS RULES OF CIVIL PROCEDURE BOSTON E-DISCOVERY SUMMIT 2013 DECEMBER 3, 2013 1 2013 E-DISCOVERY AMENDMENTS TO THE MASSACHUSETTS RULES OF CIVIL PROCEDURE BOSTON E-DISCOVERY SUMMIT 2013 DECEMBER 3, 2013 CONTEXT 2006 FEDERAL COURT E-DISCOVERY AMENDMENTS The 2006 Federal E-Discovery

More information

REALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY

REALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY REALITY BYTES: A NEW ERA OF ELECTRONIC DISCOVERY Steven M. Gruskin Carl J. Pellegrini Sughrue Mion, PLLC 2100 Pennsylvania Ave. NW Washington, DC 20037 www.sughrue.com On December 1, 2006, the Federal

More information

RULE 10 FUNDS HELD BY THE CLERK

RULE 10 FUNDS HELD BY THE CLERK RULE 10 FUNDS HELD BY THE CLERK 10.1 General. A Judge of the District Court may order that any monies in actions pending before the Court be invested in any local financial institution for safe keeping.

More information

Emerging Legal Hold Practices Under the New Electronically Stored Information (ESI) Rules

Emerging Legal Hold Practices Under the New Electronically Stored Information (ESI) Rules CGOC Legal Holds Luncheon Emerging Legal Hold Practices Under the New Electronically Stored Information (ESI) Rules Thomas A. Lidbury Litigation Partner Mayer, Brown, Rowe & Maw Do I Need An ESI Discovery

More information

ORDER. This matter is before the Court, en banc, on the motion to adopt the Rule For Expedited

ORDER. This matter is before the Court, en banc, on the motion to adopt the Rule For Expedited Serial: 149640 IN THE SUPREME COURT OF MISSISSIPPI No. 89-R-99025-SCT IN RE: UNIFORM RULES OF CIRCUIT AND COUNTY COURT PRACTICE ORDER This matter is before the Court, en banc, on the motion to adopt the

More information

SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES

SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES Amended and Effective October 1, 2013 SIGNIFICANT CHANGES: 1. Mediation R-9. Mediation: Mediation is increasingly relied upon and is an accepted part of

More information

Ten practical steps for streamlining e-discovery from a lawyer s perspective

Ten practical steps for streamlining e-discovery from a lawyer s perspective 52 / 65 Chapter 10 Ten practical steps for streamlining e-discovery from a lawyer s perspective In Ireland, as in other common law jurisdictions, parties to civil legal disputes are required to formally

More information

The Seventh Circuit Electronic Discovery Pilot Program Hope for the Future

The Seventh Circuit Electronic Discovery Pilot Program Hope for the Future Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 20, Number 2 (20.2.16) Feature Article By:Steven M. Puiszis Hinshaw & Culbertson, LLC

More information

General Items Of Thought

General Items Of Thought ESI PROTOCOLS & CASE LONG BUDGETS General Items Of Thought What s a GB =??? What Are Sources Of Stored Data? What s BYOD mean??? The Human Factor Is At Play! Litigation Hold Duty Arises When? Zubulake

More information

JUDICIAL BRANCH MEMORANDUM. Re: New Hampshire Superior Court Civil Rules Effective October 1, 2013

JUDICIAL BRANCH MEMORANDUM. Re: New Hampshire Superior Court Civil Rules Effective October 1, 2013 JUDICIAL BRANCH MEMORANDUM To: Attorneys; Legal Assistants; Litigants From: Patricia A. Lenz, Superior Court Administrator Julie W. Howard, Strafford Superior Court Clerk Date: Updated December 16, 2013

More information

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE IN RE: AMENDMENTS TO THE TENNESSEE RULES OF CIVIL PROCEDURE Filed: June 20, 2008 ORDER The Advisory Commission on the Rules of Practice & Procedure annually

More information

SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES 1 THE CIRCLE, SUITE 2 JUDGE SUSSEX COUNTY COURTHOUSE GEORGETOWN, DE 19947

SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES 1 THE CIRCLE, SUITE 2 JUDGE SUSSEX COUNTY COURTHOUSE GEORGETOWN, DE 19947 SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES 1 THE CIRCLE, SUITE 2 JUDGE SUSSEX COUNTY COURTHOUSE GEORGETOWN, DE 19947 Stephen P. Doughty, Esquire Lyons Doughty & Velhuis, P.C. 15 Ashley Place,

More information

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 jrl@cwilson.com Edited by: Larry Munn Clark Wilson LLP

More information

The 2015 Civil Rules Package As Transmitted to Congress Thomas Y. Allman 1

The 2015 Civil Rules Package As Transmitted to Congress Thomas Y. Allman 1 Page 1 of 35 The 2015 Civil Rules Package As Transmitted to Congress Thomas Y. Allman 1 The Duke Amendments (1) Cooperation (Rule 1) 4 (2) Case Management (Rules 4(m), 16, 26, 34, 55) 6 (3) Scope of Discovery/Proportionality

More information

California Enacts New E-Discovery Rules that Mirror Federal Court E-Discovery Rules - with One Exception

California Enacts New E-Discovery Rules that Mirror Federal Court E-Discovery Rules - with One Exception A Timely Analysis of Legal Developments A S A P In This Issue: July 2009 On June 30, 2009 California became the 22nd state to enact separate rules that specifically address electronic discovery. The new

More information

BEST PRACTICES FOR PREPARING YOUR BUSINESS FOR E-DISCOVERY

BEST PRACTICES FOR PREPARING YOUR BUSINESS FOR E-DISCOVERY BEST PRACTICES FOR PREPARING YOUR BUSINESS FOR E-DISCOVERY I. Background The Federal Rules of Civil Procedure provide for document production in the discovery process. Until recently, all types of documents

More information

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit California employers facing their first employment lawsuit can be in for a rude awakening. Such lawsuits are a harsh introduction to

More information

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings. SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado

More information

SOUND TRANSIT STAFF REPORT RESOLUTION NO. R2008-07 AND MOTION NO. M2008-64. ediscovery Application Suite Procurement & Implementation

SOUND TRANSIT STAFF REPORT RESOLUTION NO. R2008-07 AND MOTION NO. M2008-64. ediscovery Application Suite Procurement & Implementation SOUND TRANSIT STAFF REPORT RESOLUTION NO. R2008-07 AND MOTION NO. M2008-64 ediscovery Application Suite Procurement & Implementation Meeting: Date: Type of Action: Staff Contacts: Phone: Finance Committee

More information

Sample Arbitration Clauses with Comments

Sample Arbitration Clauses with Comments Sample Arbitration Clauses with Comments BRIEF DESCRIPTION Arbitrations are creatures of contract. Thus, the parties can shape an arbitration proceeding to a great extent in their arbitration agreements.

More information

Case 3:12-cv-00165-LRH-VPC Document 50 Filed 06/07/13 Page 1 of 6 UNITED STATES DISTRICT COURT

Case 3:12-cv-00165-LRH-VPC Document 50 Filed 06/07/13 Page 1 of 6 UNITED STATES DISTRICT COURT Case :-cv-00-lrh-vpc Document 0 Filed 0/0/ Page of UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 0 GINA NELSON, Plaintiff, vs. NAV-RENO-GS, LLC, et al., Defendants. :-CV-0-LRH (VPC ORDER 0 This discovery

More information

E-Discovery and EU Data Protection laws

E-Discovery and EU Data Protection laws Robert Bond robert.bond@speechlys.com Alexander Carter-Silk alexander.carter-silk@speechlys.com IP, Technology & Data Group E-Discovery and EU Data Protection laws Alex Carter-Silk, Partner, IP, Technology

More information

Turning the Tide The Need for E-Discovery Education

Turning the Tide The Need for E-Discovery Education Turning the Tide The Need for E-Discovery Education Hon. David J. Waxse, U.S. Magistrate Judge, District of Kansas Ralph C. Losey, Esq., Partner and National e-discovery Counsel, Jackson Lewis LLP Rhea

More information

LITIGATING SEXUAL HARASSMENT & SEX DISCRIMINATION CASES

LITIGATING SEXUAL HARASSMENT & SEX DISCRIMINATION CASES LITIGATING SEXUAL HARASSMENT & SEX DISCRIMINATION CASES By Elizabeth Hubbard and Aaron B. Maduff Managing Editor: Lisa J. Dunne, Esq. Production Editor: Amanda Winkler Editor: Rebecca Aranda Contact us

More information

DISCOVERY: Using the Civil and Criminal Rules of Discovery in DSS Cases

DISCOVERY: Using the Civil and Criminal Rules of Discovery in DSS Cases DISCOVERY: Using the Civil and Criminal Rules of Discovery in DSS Cases Maitri Mike Klinkosum Assistant Capital Defender Office of the Capital Defender-Forsyth Regional Office Winston-Salem, North Carolina

More information

E-Discovery: New to California 1

E-Discovery: New to California 1 E-Discovery: New to California 1 Patrick O Donnell and Martin Dean 2 Introduction The New Electronic Discovery Act The new Electronic Discovery Act, Assembly Bill 5 (Evans), has modernized California law

More information

THE IMPACT OF THE ELECTRONIC DISCOVERY RULES ON THE EEOC PROCESS

THE IMPACT OF THE ELECTRONIC DISCOVERY RULES ON THE EEOC PROCESS THE IMPACT OF THE ELECTRONIC DISCOVERY RULES ON THE EEOC PROCESS Cynthia L. Gibson, Esq. Katz, Teller, Brant & Hild 255 East Fifth Street Suite 2400 Cincinnati, OH 45202 (513) 977-3418 cgibson@katzteller.com

More information

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00125-CV CHRISTOPHER EDOMWANDE APPELLANT V. JULIO GAZA & SANDRA F. GAZA APPELLEES ---------- FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY

More information

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds BOOK RELEASE FOR IMMEDIATE RELEASE Media Contact: Michael Arkfeld Law Partner Publishing, LLC Ph: 602.993.1937 May, 3, 2010 Email: service@lawpartnerpublishing.com Arkfeld on Electronic Discovery and Evidence:

More information

E-Discovery Update: Essentials for In-house Counsel

E-Discovery Update: Essentials for In-house Counsel E-Discovery Update: Essentials for In-house Counsel FM Panelists: Guest Panelist: David Rosenbaum Kelly Inglese Dera Nevin Managing Counsel, e-discovery, TD Bank Group Toronto Fasken Martineau Symposium

More information