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The New Esi Sanctions Framework Under The Proposed Rule 37(E) Amendments, Philip J. Favro
The New Esi Sanctions Framework Under The Proposed Rule 37(E) Amendments, Philip J. Favro
Richmond Journal of Law & Technology
The debate over the necessity, substance, and form of the proposed e-Discovery amendments to the Federal Rules of Civil Procedure (Rules) has been ongoing for over four years. Since the Duke Conference convened in May 2010, the Judicial Conference Advisory Committee on the Civil Rules (Committee) has been working to address many of the perceived shortcomings in the current Rules regime.
Collaborative Navigation Of The Stormy E-Discovery Seas, Robert Douglas Brownstone
Collaborative Navigation Of The Stormy E-Discovery Seas, Robert Douglas Brownstone
Richmond Journal of Law & Technology
Seventy years ago, when the world was still paper-based, a famous lyricist wrote: “Say, it’s only a paper moon [s]ailing over a cardboard sea. But it wouldn’t be make-believe [i]f you believed in me.” Jump to today’s digital world, and imagine those lines re-written in an e-mail from a litigator to a client: “Now, underneath each paper moon is a vast electronic sea. If you plot a realist’s course you’ll cruise e-Discovery.” In the twentieth century, while civil litigation often wallowed in discovery disputes, at least paper’s one-dimensional nature provided several boundaries. The expansive powers of …