Clik here to view.
Chief Justice Roberts on the 2015 Civil Rules Amendments: A “Big Deal”
Federal court litigation, Chief Justice John Roberts suggested in his year-end report, can resemble the obsolete practice of dueling: “petty squabbling” that leaves “nothing but scars.” And although...
View ArticleClik here to view.
Gizmodo Article Brings Interesting Perspective on Justice Scalia’s Technology...
This week, a mainstay of the United States Supreme Court for nearly three decades passed away. Often a lightening rod for progressives, and a hero of ultra-conservative originalists, Justice Antonin...
View ArticleClik here to view.
Adverse Inference Not Available Under Rule 37(e)(1) As Remedy for...
The recently amended Federal Rule of Civil Procedure 37(e) establishes two categories of conduct that can support an order of relief for the spoliation of Electronically Stored Information. First,...
View ArticleClik here to view.
Who Bears the Burden of Proving Prejudice for the Unintentional Spoliation of...
The new Federal Rule of Civil Procedure 37(e)(1) allows courts to order relief for the unintentional spoliation of Electronically Stored Information in the form of “measures no greater than necessary...
View ArticleClik here to view.
Section 1920 Costs for ESI: First Be Careful, Then Be Precise
“Loser pays” reforms have gained little traction in the United States, but prevailing parties in federal civil litigation take modest comfort in 28 U.S.C. § 1920. Under that statute, losers pay the...
View ArticleClik here to view.
For Now, Residential Funding and “Inherent Authority” Doctrine for Spoliation...
As noted in the Advisory Committee’s commentary to the recently amended Federal Rule of Civil Procedure 37(e), two goals of the amendments were: (1) to create uniformity among the Federal courts in...
View ArticleClik here to view.
E-Discovery in Cross-Border Litigation: The “Blocking Statute Defense”
Foreign parties litigating cases in the United States do not always play by the same discovery rules as their domestic counterparts. Sometimes, they invoke their country’s so-called blocking...
View ArticleClik here to view.
Fox’s Matthew Adams and Jordan Kaplan Author “High-Stakes Digital CSI” for...
Fox Rothschild LLP’s Matthew S. Adams, Esq. and Jordan B. Kaplan, Esq. have authored the New Jersey Law Journal article “High-Stakes Digital CSI” for the special E-Discovery and Complex Litigation...
View ArticleClik here to view.
Back it Up: The Importance of Managing E-Discovery Throughout the Litigation
The importance of flagging e-discovery issues before and at the outset of litigation has been the subject of much commentary. However, even for the lawyer and client who properly issue a litigation...
View ArticleClik here to view.
How Companies Can Plan Ahead and Minimize the Burdens of E-Discovery
It can be an enormous challenge for companies to institute a litigation hold and preserve or collect Electronically Stored Information in response to a discovery request in a legal matter. From a...
View Article
