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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.Extract from article by Jason Krause published by ACEDS
The 2015 e-discovery amendments to the Federal Rules of Civil Procedure are now in place. These latest e-discovery amendments were hammered out over the past five years and have introduced new standards regarding eDiscovery sanctions, proportionality, and cooperation in discovery.
While many lawyers assume that the rule changes will slowly work their way into case law, a quick review of recent e-discovery cases shows that not only have the courts integrated the rules into law, but some decisions had accounted for these changes even before they went into effect.
For example, consider AT3, LLC v. Black Lineage, Inc., No. 14 Civ. 5511 (AT) (JCF), 2016 WL 154116 (S.D.N.Y. Jan. 12, 2016), which wrestled with the reach of the newly amended Rule 37(e) of the Federal Rules of Civil Procedure, the standard of proof governing spoliation, and the penalties for the destruction of electronically stored information.
Read the complete article at The FRCP Amendments Are Already Having an Effect