Legal Tech Blog

Posts Tagged ‘sanctions’

FRCP amendments went into effect yesterday

Posted on: December 2nd, 2015 by Angel Falconer

Significant changes to the Federal Rules of Civil Procedure went into effect yesterday. Over the past couple of years since they were proposed, we have blogged about our observations and others’ concerns triggered by the rule changes. Whether these amendments will accomplish their goals of achieving proportionality in the scope of discovery and uniformity in how courts deal with spoliation remains to be seen.

[Revised] Proposed Amendments to the Federal Rules of Civil Procedure

Posted on: April 4th, 2014 by Angel Falconer and Josh Ross

Now that the public comments period has closed for the Proposed Amendments to the Federal Rules of Civil Procedure, we thought it was time to do a more in-depth follow up to our post about Judge Scheindlin’s criticism of the proposed changes.  Rather than reading all of the thousands of written submissions (you can do that here) we did a breakdown of all of the speakers’ comments at the public hearings before the advisory committee and reviewed the materials that will be considered at their next meeting here in Portland, OR next week.  Read more…

Judge Scheindlin Takes Issue with Proposed Amendment

Posted on: September 6th, 2013 by Josh Ross

Judge Shira Scheindlin, Senior Judge for the Southern District of New York, has been long considered the leading jurist and a pioneer of e-discovery jurisprudence.  She authored the Zubulake I-V opinions, which are mandatory reading for all litigators certainly in federal courts and, in my view, in state courts as well.  So you know it won’t end well for a plaintiff accused of spoliation when Judge Scheindlin issues an opinion beginning with the following: “A decade ago, I issued a series of opinions regarding the scope of a litigant’s duty to preserve electronic documents and the consequences of a failure to preserve such documents falling within the scope of that duty…  Such obligation should, at this point, be quite clear especially to the party planning to sue.” Read more…

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About this blog

The goal of this blog is to provide a forum for discussing issues related to technology used in law firm and case management, and share information about CLEs, legal opinions, articles and products that may interest Oregon practitioners in the area of e-discovery.

About the author

  • Angel Falconer

  • Josh Ross
  • Angel Falconer is Stoll Berne's Litigation Support Manager. She supports attorneys and clients through the entire litigation process and has worked on cases involving the securities laws, complex commercial disputes, class actions, unfair competition and trade secrets. Angel has expertise directing large-scale discovery projects and helps manage Stoll Berne's in-house e-discovery systems. Angel supervises electronic evidentiary presentations in arbitration hearings and in state and federal trial courts.
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