Collection
A Few Thoughts on Electronic Discovery After December 1, 2006
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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…
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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 …
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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 …
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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 pri…
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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 metadat…
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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 i…
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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 ma…