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With State E-Discovery Rules All Over the Map, Caution is the Watchword

E-discovery practices that satisfy the legal requirements of one state may be entirely unacceptable in another. That is the attention-grabbing message of an article published this week in The National...

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Meeting in Dallas Today Could Set Course for Changes to Federal E-Discovery...

Should the Federal Rules of Civil Procedure be amended to better address issues relating to evidence preservation and sanctions in e-discovery? Today in Dallas, at a “mini-conference” convened by the...

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Discoverability of Social Media: Two Similar Cases Reach Opposite Results

Given the popularity of Facebook, Twitter, blogs and the like, it is not surprising that social media are a frequent target of discovery requests. Neither is there any real dispute that, in the proper...

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Proposed Rule Change Would Raise Threshold for Preservation Sanctions

The Advisory Committee on the Federal Rules of Civil Procedure has recommended approval for publication of a new Rule 37(e), governing sanctions for the failure to preserve electronically stored...

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Massachusetts Adopts New Civil Rules Governing E-Discovery

My home base of Massachusetts has become the latest state to adopt rules governing the discovery of electronically stored information in civil cases. The new rules, which the Supreme Judicial Court...

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