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Commercial Law E-Discovery General Counsel and In House Counsel Litigation Regulations

The New FRCP Is Here to Stay

As expected, there have been several rulings in 2016 interpreting the FRCP e-discovery amendments which took effect in December of last year. This article looks at three cases from the first half of 2016 that highlight the ways in which the new amendments converge with the rising need to preserve new data types, as well as how new e-discovery technology can leverage the new rules to a legal team’s advantage.

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As expected, there have been several rulings in 2016 interpreting the FRCP e-discovery amendments which took effect in December of last year. Almost immediately after the changes were in place, new case law began discussing and redefining the concepts of proportionality and reasonableness that are laid out in Rules 26 and 37.

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