July 27, 2017

The Critical Role of Sampling in Discovery

One of the most important aims of the 2015 amendments to the Federal Rules of Civil Procedure was the elimination of “unnecessary or wasteful discovery.” While a worthy objective, this goal is often elusive. Counsel, clients, and even the courts often get caught up in
July 25, 2017

New Mandatory Initial Disclosures Could Radically Change Discovery

The United States Judicial Conference is piloting a new discovery program in the Northern District of Illinois (Chicago) and the District of Arizona that could force radical change on litigation procedures as well as discovery culture. Referred to as the Mandatory Initial Discovery Pilot (MIDP), the program is
July 11, 2017

Reconsidering Custodial Self-collection: Rule 902 updates coming soon

Changes to the Federal Rules of Evidence (“FRE”) coming in December of this year should lead you to reconsider how you collect data. Litigants must balance the costs, time, and hassles of self-collection on the one hand against those of using a third party, often on a case-by-case basis. Setting aside the likelihood that
May 18, 2017

The “Business Judgement” Discovery Rule and its Impact on Information Governance

There has been a substantial push over the past several years for organizations to adopt an information governance (IG) program. Many legitimate reasons justify its implementation. For serial litigants or companies that are in highly regulated industries, IG measures such as
March 22, 2017

Social Messaging Applications Herald a New Era of Discovery Challenges

Discovery of social networking content has traditionally focused on social media platforms. This means requesting parties have sought to obtain and responding parties have attempted to preserve and produce relevant posts and messages from
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