Proskauer Rose Alerts Clients to changes in Federal Rules

Proskauer Rose has a concise summary of the process and impact of the new Federal Rules related to electronic discovery.

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Delaware's Discovery

Francis Pileggi over at Fox Rothschild, LLP publishes a wonderful blog on Delaware litigation. Here's a great summary of general ediscovery with a laser focus on Delaware practice. Delaware has default rules if the parties do not come to agreement. Look for these rules to be influential in other jurisdictions without comprehensive rules.

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Ken Withers on how the New Rules for electronic discovery are shaping up

Julia's scored another coup in persuading Ken Withers to share his unofficial notes from the ballots cast by the Advisory Committee on Civil Rules. There are some interesting additions and deletions. Surprisingly, some pretty awkward language has been simplified. Look for the phrases "absent exceptional circumstances" and "routine good faith operation of an electronic data system" in future opinions applying or not applying sanctions for not producing data.

Ken gave a webcast in early January of 2005 on what to expect in the new federal rules. I'll have to listen again as the Rules become solid.

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Judicial Panel Expected to Approve E-discovery Rules This Week

Julia is watching the process over the amendments to the Federal Rules:

Rules governing electronic discovery in federal court litigation are poised to move one step closer to adoption April 14-15, when a key panel of the Judicial Conference of the United States is likely to approve the proposed amendments to the Federal Rules of Civil Procedure, according to sources with the Administrative Office of the U.S. Courts.

While the proposed revisions remain several steps away from final adoption, their expected approval this week by the Judicial Conference's Civil Rules Advisory Committee is seen as a major step forward in completing the judiciary's lengthy rules revision process. The Judicial Conference, a group of 27 federal judges chaired by Chief Justice William Rehnquist, is the federal judiciary's chief policymaking body.

The rule revisions represent an effort by the federal judiciary to update federal court procedure to acknowledge the growing importance of e-discovery. And while the judiciary's rules revision process will prevent the new rules from going into effect before December 2006, courts are already referring to them in their draft form.

(See Digital Discovery and e-Evidence (subscription), April 2005, p. 13.)

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Slashdot on New Fed Rules affecting "legal holds"

The people in the trenches are weighing in on the new Proposed Federal Rules of Civil Procedure. Wade through the thread, started by a student with a thesis. There are some wonderful nuggets on the IT litigation hold hassle factor in there with a foreshadowing around Digital Rights Management and how that will affect electronic evidence. Be warned, there is politically incorrect language that would set off the alarms of content sweepers if emailed to you. Also, substantial anti-legal bias. BTW, Brian See, is that you in there mixing it up?

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Federal Rule Changes: Who cares about what?

The Preston Gates Data Analysis Technology Group (DATG) blog, Electronic Discovery Law, is covering the hearings on the new Federal Rules impacting electronic discovery. They have a list of those testifying and a summary of the testimony. Many thanks for making this realtime information available to the community at large.

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