By Bob Mehr, Sr. Legal Services Advisor Looking Back: 2016 A number of Federal Rules of Civil Procedure (FRCP) amendments went into effect in 2015, a couple of which, FRCP Rules 26(b) and 37(e) brought more significant change in the realm of discovery than has been seen in decades. These changes…
Originally published by eDiscovery News. Cost shifting is the concept of shifting the expense associated with your discovery obligations, in whole or in part, to the party requesting the material. The concept is not new, but it is historically underused, in part because courts and third party decision makers have been…
Originally published by JD Supra Business Advisor. eDiscovery is poised to enter a new revolution as the Internet of Things (“IoT”) continues its seemingly exponential growth. IoT is the ecosystem of interconnected sensory devices that perform coordinated, pre-programmed – and even learned – tasks without the need for continuous human…
Originally published on Forensic Magazine. Unfortunately, many companies have entered the cloud without first checking the weather. Cloud services have skyrocketed primarily because they’re cheaper and more convenient than the alternative. What happens if the cloud gets stormy, you suffer a breach, and you find yourself in the position of having…
Originally published on Legal IT Insider. By Stan Pierson In our first article, we discussed this year’s revisions to FRCP 37(e) – set to go into effect in December. The new rule is more about solving problems caused by lost ESI than punishment for the loss, provided parties take reasonable…
Originally published on Legal IT Insider. by Stan Pierson… Changes are coming to the Federal Rules of Civil Procedure this year. The revisions are set to take effect in December – and there’s a lot of interest in the proposed changes to Rule 37(e), which focuses on spoliation. Let’s take…
