Lee H. Rosenthal
Conclusion
Editor's Note: This is the last of seven installments on the electronic discovery rules. To view an index of the installments, click here. Much has been written on the expense, burden, and delay that responding to requests for electronic discovery entails. Some cost and complexity exists because many litigants, lawyers, and—some would say—especially judges are new to the problems created...
Sanctions
Editor's Note: This is the sixth of seven installments on the electronic discovery rules. To view an index of the installments, click here. Most discussions of e-discovery-related sanctions have been about alleged failures to meet preservation obligations, although sanctions also apply if parties intentionally destroy electronically stored information. The dynamic nature of electronically stored information and the complexity of electronic...
Metadata and Issues Relating to the Form of Production
Editor's Note: This is the fifth of seven installments on the electronic discovery rules. To view an index of the installments, click here. Among the choices to be made in deciding what form or forms to use in producing electronically stored information is whether to delete, or “scrub,” the metadata. This category of electronically stored information does not have a...
Privilege Review
Editor's Note: This is the fourth of seven installments on the electronic discovery rules. To view an index of the installments, click here. One of the areas to be discussed in the Rule 26(f) meet-and-confer is whether the parties can agree on a procedure for asserting claims of attorney-client privilege or work-product protection after production. The amended Rule encourages parties...
Not Reasonably Accessible Information and Allocating Discovery Costs
Editor's Note: This is the third of seven installments on the electronic discovery rules. To view an index of the installments, click here. A recurring problem in electronic discovery involves information stored on sources that are not reasonably accessible. Amended Rule 26(b)(2)(B) is designed to address this problem with a two-tiered solution. In the first tier, a party must provide...
Meeting and Conferring
Editor's Note: This is the second of seven installments on the electronic discovery rules. To view an index of the installments, click here. The new amendments that provoked the least controversy, the expansion of the meet-and-confer under Rule 26(f) and the initial conference with the court under Rule 16, may turn out to be the most important. The amended meet...
A Few Thoughts on Electronic Discovery After December 1, 2006
Editor's Note: On December 1, 2006, electronic discovery amendments to the Federal Rules of Civil Procedure go into effect. In this seven-part series, Judge Lee H. Rosenthal, chair of the Judicial Conference's Advisory Committee on Civil Rules, offers an introduction to the new amendments and describes challenges they present for lawyers, litigants, and judges. The last time the Federal Rules...
An Overview of the E-Discovery Rules Amendments
Editor's Note: This is the first of seven installments on the electronic discovery rules. To view an index of the installments, click here. The electronic discovery amendments are an interrelated package. The amendments address five broad areas: (1) the parties’ obligations to meet and confer about electronic discovery early in litigation; (2) discovery of information that is not reasonably accessible...