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Results for: FRCP

Proportionality & Case Preparation

Proportionality & Case Preparation

A key to driving down the cost of ediscovery is to recognize that most preservation and discovery obligations are subject to negotiation — if you start early enough. Changes to the Federal Rules of Civil Procedure in late 2015 restored proportionality to its original importance…

Court sanctions defendant for ‘bollixed’ legal hold

Court sanctions defendant for ‘bollixed’ legal hold

Franklin v. Howard Brown Health Ctr. In this employment discrimination case, the defendant “bollixed its litigation hold…to a staggering degree and at every turn.” As a sanction, the magistrate recommended that the court allow the parties to present evidence about the...

Court finds forensic inspection relevant and proportional

Court finds forensic inspection relevant and proportional

Satmodo, LLC v. Whenever Commc’ns, LLC, No. 3:17-cv-192-AJB-NLS, 2018 WL 3495832 (S.D. Cal. July 20, 2018). In this case alleging a “click fraud” scheme, the court granted the plaintiff’s motion to compel in part. It ordered the defendant to provide a list of its...

What Is Cooperation in Ediscovery?

What Is Cooperation in Ediscovery?

Cooperative ediscovery isn’t just the rule — it’s a great way to control costs What is cooperation in ediscovery? Cooperation is the process of working together toward the same end or providing assistance, especially by complying with requests. This collaborative...

What Is Scope?

What Is Scope?

Defining the extent of discovery for an ediscovery matter Scope describes the extent of discovery that the parties — sometimes with the court’s intervention — agree to produce in a case. Scope is generally defined by Federal Rule of Civil Procedure 26(b)(1). It...

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