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The Impact of Technology on Case Law under the 2006 FRCP Amendments
The 2006 amendments to the Federal Rules of Civil Procedure ('FRCP') contain a host of technology-oriented standards and procedures. Accordingly, it is not surprising that the case law in the wake of these amendments reflects the unstoppable march and advancement of computer technology. This article illustrates some of the most important ways in which this technology has influenced judicial opinions regarding electronically stored information ('ESI') under the new rules, including:
- Increased use of forensic preservation and collection;
- Strategic control of search protocols;
- Definition of 'reasonably accessible' ESI sources; and
- Expanding scope of potential sources of relevant ESI.
Forensic Preservation and Collection
ESI is often collected logically (i.e., backup or file copy) by client IT resources rather than forensically (i.e., complete bit-by-bit copy), under various rationales, e.g., that the client should not have to produce deleted ESI recoverable only through forensic imaging, or that metadata that could be altered by logical copying is irrelevant.
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.