The 2015 Amendments to the Federal Rules of Civil Procedure fundamentally altered spoliation of evidence cases with requiring wronged parties to prove ESI was lost with an “intent to deprive.” If a party can prove there was “intent” with the destruction of ESI, then a court may “presume that the lost information is unfavorable to […]

Category Evidence,FRCP

Black’s Law Dictionary defines “discovery” as the “[c]ompulsory disclosure, at a party’s request, of information that relates to the litigation.” That definition is as accurate as a one sentence definition can be, but it leaves out an important point: not turning over information that may be covered by another party’s request. Redaction of information from […]

Category FRCP

Has everything started to look different recently? The Amendments to the Federal Rules of Civil Procedure went into effect December 1, 2015. The new versions of the Rules apply to all pending cases, “insofar as just and practicable.” Have courts noticed? How has discovery changed over the last few weeks? Two of the FRCP changes—to […]

Category FRCP

As you know from my September 16th post, I recently made a presentation on various amendments to the Federal Rules of Civil Procedure affecting eDiscovery. In this post, I will expand on aspect of one of them—Rule 34. In litigation, parties sometimes engage in discovery practices designed to “hide the ball.” In the latest round […]

Category FRCP,Seminars

It’s only September, but before you know it, December 1, 2015 will be here. In most years, December would just mean the end of fall and the start of winter—time to get out the shovels and get ready for the holiday season. But this year, the date marks something else: December 1, 2015 is the […]