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Showing posts with label #FRCP. Show all posts
Showing posts with label #FRCP. Show all posts
Monday, April 06, 2015
Monday, February 16, 2015
Monday, January 05, 2015
#E-Discovery: Don't Be Afraid to Be Smart—Select While You Collect
Start with specification of issues and desired information—in English, not keywords.
Editor's Note: This article was chosen in the second annual blind competition by the Arizona State University-Arkfeld E-Discovery and Digital Evidence Conference. Joel Henry also was selected in 2014, for "Predictive Coding is So Yesterday." The three 2015 winners have been invited to present their papers during the conference, March 11-13 at ASU's Sandra Day O'Connor College of Law, in Tempe, Ariz. (Monica Bay, LTN's editor-in-chief, will be speaking at the conference.)
Preservation requires parties to ensure that electronically stored information "is protected against inappropriate alteration or destruction," states the Electronic Discovery Reference Model. Collection, on the other hand, entails “gathering ESI for further use in the e-discovery process," EDRM continues. Collection is something that many teams simply equate with preservation—if ESI is preserved, then it is collected and is fed into the review process. This mistake results in inflated ESI review costs.
The Rand Institute for Civil Justice's 2012 report, “Where the Money Goes: Undertanding Litigant Expenditures for Producing Electronic Discovery,” found that just 8 percent of the total cost of producing electronic items stems from collection. The report also acknowledges the respondents admitted to not tracking these costs in any systematic way. Perhaps this results from IT departments failing to track hours, or maybe the difficulty of assessing hourly costs and processing overhead. No matter the cause for this lack of public data, collection of rapidly increasing amounts of electronic information—stored in multiple locations, for multiple custodians, relating to multiple issues—is expensive to collect and even more expensive to review. Without a smart collection process, culling of the data set relies on the old and error-prone keyword selection process.
Read more: http://www.lawtechnologynews.com/id=1202713747890/EDiscovery-Dont-Be-Afraid-to-Be-SmartmdashSelect-While-You-Collect#ixzz3NxhhhBn6
Saturday, January 03, 2015
Three E-Discovery Trends Spurred by Proposed FRCP Amendments
Vendor Voice: The big winners will be information governance managers and e-discovery consultants.
It is widely expected that the proposed amendments to the Federal Rules of Civil Procedure will be approved and become effective as scheduled in December 2015. A number of the amendments will have an impact on electronic data discovery.
The common theme of these changes is a threefold emphasis on 1) knowing the client’s electronically stored information; 2) knowing it early in the case; and 3) understanding EDD technology options for data handling. Rather than representing a radical break with current best practices, the amendments provide new impetus to three existing trends.
The most significant EDD-related changes are to FRCP Rules 16, 26, 34, and 37:
• Rule 16 scheduling order on preservation: The Rule 16 order may cover preservation in addition to discovery of ESI.
• Rule 26 proportionality standard: A new proportionality standard for discovery is introduced in Rule 26. Factors include access to the information, the parties’ resources, the importance of the discovery, and whether the burden or expense outweighs its likely benefits.
Read more: http://www.lawtechnologynews.com/id=1202713586370/Three-EDiscovery-Trends-Spurred-by-Proposed-FRCP-Amendments#ixzz3NmXlZnwR
Tuesday, December 30, 2014
Three #E-Discovery Trends Spurred by Proposed #FRCP Amendments
Vendor Voice: The big winners will be information governance managers and e-discovery consultants.
It is widely expected that the proposed amendments to the Federal Rules of Civil Procedure will be approved and become effective as scheduled in December 2015. A number of the amendments will have an impact on electronic data discovery.
The common theme of these changes is a threefold emphasis on 1) knowing the client’s electronically stored information; 2) knowing it early in the case; and 3) understanding EDD technology options for data handling. Rather than representing a radical break with current best practices, the amendments provide new impetus to three existing trends.
The most significant EDD-related changes are to FRCP Rules 16, 26, 34, and 37:
• Rule 16 scheduling order on preservation: The Rule 16 order may cover preservation in addition to discovery of ESI.
• Rule 26 proportionality standard: A new proportionality standard for discovery is introduced in Rule 26. Factors include access to the information, the parties’ resources, the importance of the discovery, and whether the burden or expense outweighs its likely benefits.
Read more: http://www.lawtechnologynews.com/id=1202713586370/Three-EDiscovery-Trends-Spurred-by-Proposed-FRCP-Amendments#ixzz3NOwE81Op
Thursday, April 24, 2014
Members of Civil Rules Committee Discuss Proposed E-Discovery Changes to FRCP
By: Andrew Bartholomew
The e-discovery world has been abuzz of late regarding forthcoming changes to the Federal Rules of Civil Procedure (FRCP). In a meeting held in Portland, Ore., earlier this month, the Civil Rules Advisory Committee approved official FRCP amendment proposals, which have been submitted for review by the Standing Committee in May. If approved, the Judicial Conference of the United States, the Supreme Court and finally Congress will review the amendments before they are officially adopted. If the proposed amendments pass all necessary hurdles, they would be incorporated into the FRCP in December 2015.
Following the meetings in Portland, Exterro was privileged to host Advisory Committee Chair Judge David Campbell (D. Arizona) and committee member John Barkett (Partner, Shook Hardy Bacon) on a one-hour webcast, “Countdown to the FRCP Amendments in Portland.” They discussed the rule changing process and provided attendees with an insider’s view of how the committee arrived at its proposed changes to the amendments.
While the Advisory Committee proposed several changes, the two most discussed amendments in e-discovery circles are those to Rule 26 (b)(1) and Rule 37 (e), which involve e-discovery scope, preservation requirements and the standard of culpability when electronically stored information (ESI) is lost. Scott Giordano, Exterro’s corporate technology counsel, attended the Portland meetings and recently provided a breakdown of the new Rule 37 (e) on preservation standards for E-Discovery Beat, as well as moderated the most recent webcast.
Monday, April 21, 2014
Webcast Updates Status of Proposed Discovery Amendments to the FRCP Read more: http://www.lawtechnologynews.com/id=1202651779010/Webcast-Updates-Status-of-Proposed-Discovery-Amendments-to-the-FRCP#ixzz2zXQruSaM
Federal Rules of Civil Procedure Advisory Committee members explained the group’s recent approval of proposed amendments.
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Legal project management software developer Exterro Inc. held a webcastThursday afternoon to discuss the Federal Rules of Civil Procedure Advisory Committee’s recent approval of amendments to the Federal Rules of Civil Procedure. The 15-member Advisory Committee is a subcommittee of the Judicial Conference Committee on Rules of Practice and Procedure, also known as the Standing Committee.
Scott Giordano, corporate technology counsel at Exterro, moderated the webcast that featured the chairman of the Advisory Committee, Judge David Campbell (pictured left) of the U.S. District Court for the District of Arizona, and committee member John Barkett, a partner at Shook Hardy Bacon.
The Advisory Committee unanimously green-lighted the proposed FRCP amendments during a meeting that took place on April 10 and 11 in Portland, Ore. The proposed amendments before the committee reflected opinions that were collected during a six-month comment period that ended in February. More than 2,000 written comments were submitted, and three public hearings were held in Dallas, Phoenix and Washington, D.C.
Read more: http://www.lawtechnologynews.com/id=1202651779010/Webcast-Updates-Status-of-Proposed-Discovery-Amendments-to-the-FRCP#ixzz2zXQvy5cX
Thursday, December 05, 2013
Changing Discovery Culture One Step at a Time
The proposed FRCP amendments will accomplish nothing without a change in discovery culture.
Law Technology News
December 5, 2013
Most lawyers and judges know that the Judicial Conference Advisory Committee on the Civil Rules has proposed another round of amendments to the Federal Rules of Civil Procedure. Designed to address the continuing challenges posed by the digital age to federal discovery practice, the proposals would touch many aspects of the discovery process. Much of the commentary suggests that the draft changes would cure the present ills afflicting discovery—a Pollyannaish view. No doubt, the proposed amendments—particularly the renewed emphasis on proportionality standards—represent enlightened improvements to the current rules regime. However, without a corresponding change in discovery culture by courts, counsel and clients alike, the proposed rules modifications will likely have little to no effect on the manner in which discovery is conducted today.
Read more: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202630168239&Changing_Discovery_Culture_One_Step_at_a_Time#ixzz2md4R1yCn
Read more: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202630168239&Changing_Discovery_Culture_One_Step_at_a_Time#ixzz2md4R1yCn
Read more: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202630168239&Changing_Discovery_Culture_One_Step_at_a_Time#ixzz2md4E9LjP
Tuesday, November 19, 2013
ADEA, Text Messaging, Sims v. Trinity Services, Inc. et al.
RODERICK SIMS, Plaintiff,
v.
TRINITY SERVICES, INC.; ELLIS CRAFT; ERICA POZZIN; STEPHANIE PERKINS; and JENNIFER HODGES, Defendants.
United States District Court, N.D. Illinois, Eastern Division.
Plaintiff Roderick Sims, proceeding pro se, filed a seven-count Complaint against Defendant Trinity Services, Inc. ("Trinity") and individual Defendants, Ellis Craft, Erica Pozzin, Stephanie Perkins, and Jennifer Hodges (collectively, the "Individual Defendants"), which alleges race discrimination in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981 (Counts I and II, respectively); sexual discrimination in violation of 42 U.S.C. § 2000e et seq. (Count III); age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 623 et seq. (Count IV); discrimination in job promotion (Count V); retaliation (Count VI); and intentional infliction of emotional distress (Count VII).
Trinity has moved in part, and Craft and Hodges have moved in total, to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.
Defendants' Motion to Dismiss was granted.
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