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Full-Text Articles in Law

Getting Serious: Why Companies Must Adopt Information Governance Measures To Prepare For The Upcoming Changes To The Federal Rules Of Civil Procedure, Philip J. Favro Jan 2014

Getting Serious: Why Companies Must Adopt Information Governance Measures To Prepare For The Upcoming Changes To The Federal Rules Of Civil Procedure, Philip J. Favro

Richmond Journal of Law & Technology

[W]ithout 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.


Managing Preservation Obligations After The 2006 Federal E-Discovery Amendments, Thomas Y. Allman Jan 2007

Managing Preservation Obligations After The 2006 Federal E-Discovery Amendments, Thomas Y. Allman

Richmond Journal of Law & Technology

The 2006 E-Discovery Amendments to the Federal Rules of Civil Procedure (2006 Amendments or the Amendments) do not directly address the onset or scope of preservation obligations. As noted in the September 2005 Report of the Standing Committee of the Judicial Conference recommending adoption of the 2006 Amendments, preservation obligations “arise from independent sources of law” and are dependent upon “the substantive law of each jurisdiction.” However, the Amendments have a major impact on how parties must analyze and execute preservation obligations involving electronically stored information (“ESI”).


The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert Jan 2007

The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert

Richmond Journal of Law & Technology

Discovery jurisprudence is a cornerstone of civil litigation in the United States. The Federal Rules of Civil Procedure, as adopted in 1938, introduced a broad discovery process, which was not a previously accepted practice. The Federal Rules of Civil Procedure have been revised several times since 1938, reflecting the evolution of society. However, prior to 2006, 1970 was the last time the discovery rules were amended to take into account changes in information technology. In the last thirty-seven years, technological advances in electronic storage and communication have changed the way people live and how business is conducted, beyond what could …


E-Commerce: Legal Issues Of The Online Retailer In Virginia, Jonathan D. Frieden, Sean Patrick Roche Jan 2006

E-Commerce: Legal Issues Of The Online Retailer In Virginia, Jonathan D. Frieden, Sean Patrick Roche

Richmond Journal of Law & Technology

The popularity and growth of online retailing, now in its tenth year, has shattered experts’ expectations. “Online sales in the United States grew twenty-four percent last year, to about $90 billion, and online retailing now accounts for nearly five percent of all retail sales.”


A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr. Jan 1999

A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.

Richmond Journal of Law & Technology

In a world divided by barriers of language and culture, the Internet is the nexus that connects the most rural outposts of technology to the global business centers. The Internet's most popular user interface, the World Wide Web, is an interwoven network of computers through which news and information can traverse international barriers in a matter of seconds. Using an Internet Service Provider ("ISP") and a personal computer, the average user can access the World Wide Web and enter the largest repository of public information on the planet. The boundaries are virtually limitless, and the general absence of content restrictions …


Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner Jan 1998

Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner

Richmond Journal of Law & Technology

Throughout American legal history the adequacy of traditional jurisprudence has been tested by technological developments. The creation and expanded use of the Internet is the latest of these advancements. There are, however, characteristics of the Internet that distinguish it from past technological breakthroughs. These features include the difficulty of defining the Internet in traditional terms, the plethora of the contacts taking place, and the speed at which the Internet is expanding.