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Discovery Advocate Blog

Articles: 1-10 of 26

Why Aren’t You Using FRE 502(d)

USA - December 18 2017 In 2008, Federal Rule of Evidence 502(d) was signed and enacted into law by Congress to minimize the cost of civil litigation, particularly in matters…

It’s the End of Authentication (of ESI) as We Know It

USA - November 29 2017 Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and…

Cost Shifting Ordered Due to Inadequate Meet and Confer

USA - July 26 2017 Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the…

E-Discovery Standards and the 26(g) Signature That Drives the Market

USA - July 10 2017 We begin with three quick questions:…

Attorneys’ Professional Duty of Care When Representing Clients in Litigation or an Investigation Requires Higher Technological Literacy

USA - June 14 2017 The legal practice and technology go hand in hand, and a solid understanding of technology is crucial to satisfy the ethical duties owed by attorneys…

It Lurks in the Last Place You Look - Preventing (or at Least Mitigating) Employee Data Leakage

USA - May 3 2017 Outside hacking attacks grab headlines. Data breach concerns cause sleepless nights within the C-suite of many organizations. And ransomware strikes…

Advocacy in E-Discovery More Important Than Ever

USA - March 23 2017 Advocacy in E-Discovery More Important Than Ever In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be…

Judge Peck to Attorneys - Wake Up and Read Rule 34

USA - March 16 2017 It has been more than a year since the update to the Federal Rules of Civil Procedure, and Judge Peck is losing patience with litigators who do not…

If the Scope of Discovery Changed and No One Paid Attention, Did the Scope of Discovery Change?

USA - January 27 2017 The scope of discovery may be more limited than you think. The Cole’s Wexford opinion provides a thorough dissection of the history and past…

‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception

USA - January 17 2017 Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional…