Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

LJN NewslettersNewsSectionsThe Corporate Counselor

Special Report on e-Discovery: The Revised Federal Rules of Civil Procedure

By Adam I. Cohen
January 29, 2008

The 2006 amendments to the Federal Rules of Civil Procedure ('FRCP') were anticipated by some corporate counsel with Y2K-like gloom and doom predictions. In particular, many wondered aloud whether the rules would have the effect of placing reasonable limits on electronic discovery, or whether instead they would open the floodgates and drown us all in a sea of electronic document production. However, the past year has shown that, like the Y2K hysteria that went out with a whimper, the fretting over the negative impact of the amendments may have been overblown. Although there were a couple of notable surprises, most federal courts addressing e-discovery disputes under the new rules issued opinions consistent with prior case law. This article identifies some of these opinions from the period post-dating the rules amendments to draw some lessons that are emerging.

Preservation and Spoliation

Despite the flood of e-discovery articles and courses, many litigants continue straying from preservation compliance. However, the predominating trend continues to show that, notwithstanding the negligence standard for culpable spoliation conduct in some jurisdictions, severe sanctions are reserved for spoliation that is not mere oversight, but at least serious bumbling, if not bad faith. As is universally true when it comes to dealing with courts, credibility is critical in e-discovery disputes. For example, in Cache La Poudre Feed, LLC v. Land O'Lakes Inc., 244 F.R.D. 614 (D. Colo. 2007), the defendant incurred monetary sanctions for neglecting to follow up with key witness-custodians as well as failing to supervise IT in preserving electronically stored information ('ESI'). The defendant tried to defend the sanctions motion by claiming that these custodians were not likely to have relevant information ' despite having identified them as witnesses on its initial disclosure.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.