Statutes, Rules & Regulations

  The amendments to F.R.Civ.P 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84 approved on April 29, 2015 (see here), will take effect on December 1, 2015. The amendments will affect e-discovery issues (as discussed also in our previous article). Specifically, new Rule 37(e) – addressing ESI (Electronically Stored Information) preservation and sanctions – provides greater uniformity […]

On April 29, 2015, the U.S. Supreme Court adopted the amendments to the Federal Rules of Civil Procedure that the Judicial Conference Committee had approved on September 2014. The approved amendments will affect e-discovery issues (as discussed also in our previous article). Specifically, new Rule 37(e) – addressing ESI (electronically stored information) preservation and sanctions – shall provide greater […]

Texas Ethic Opinion 648 Professional Ethics Committee for the State Bar of Texas   Topic: Communication of confidential information by email   Conclusion of the Committee: “Under the Texas Disciplinary Rules of Professional Conduct, and considering the present state of technology and email usage, a lawyer may generally communicate confidential information by email. Some circumstances, […]

On September 18, 2014, the Judicial Conference Committee on Rules of Practice and Procedure proposed an amendment to Rule 41 Rule 41. Current Rule 41(b) generally limits warrant authority to searches within a district, but it contains four exceptions where out-of-district or extra-territorial warrants are permitted. The proposed amendment would authorize an additional exception. Magistrate judge […]

On September 18, 2014, the Judicial Conference Committee on Rules of Practice and Procedure proposed a completely rewritten Rule 37(e) Rule 37(e). Preservation of ESI is a major issue confronting parties and courts, and loss of ESI has produced a significant split in the circuits. Some circuits hold that adverse inference jury instructions (viewed by […]

On September 18, the Judicial Conference Committee on Rules of Practice and Procedure approved proposed changes to the Federal Rules of Civil Procedure. The “Duke Rules Package” proposes amendments to rules 1, 4, 16, 26, 30, 31, 33 and 34, as well as an entirely rewritten Rule 37(e) addressing preservation and sanctions. The Judicial Conference Committee […]

In this age where e-discovery increased the cost of litigating, New York’s Commercial Division will benefit from Rule 11-b, otherwise known as the revised privilege log practice, starting from September 2, 2014. According to the order issued on July 8, 2014, Rule 11-b will require parties to meet before and throughout litigation to discuss the […]