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Navigating The Nascent 'Accessibility' Standards
The proposed amendments to the Federal Rules of Civil Procedure, which the Supreme Court approved in April, are certain to bring a sea change in the way modern litigation is conducted.
Now that we are less than 6 months away from the promulgation of the rules (Dec. 1), judges and practitioners alike are already referring to the new guidelines as they try to navigate the wide-reaching uncharted waters of electronic discovery. The amendment that portends the farthest-reaching changes is proposed Rule 26(b)(2)(B), which states:
A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.
It's time to look to the future and determine how the 'accessibility' standard will play out in the real world. This article offers a framework for the requesting parties and the responding parties as they attempt to address the new accessibility rules for discovery of electronically stored information in civil litigation.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.