Delaware eDiscovery Report

Delaware eDiscovery Report

Category Archives: Federal Rules

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FRCP Amendments Approved

Posted in Federal Rules, Spoliation/Sanctions
According to Bloomberg BNA, the proposed amendments to the Federal Rules of Civil Procedure have been approved by the Judicial Conference of the United States and have been forwarded to the Supreme Court for consideration.  Rule 37(e) has received the most attention to date, as it focuses on sanctions as well as remedies for the failure… Continue Reading

Proposed FRCP Amendments

Posted in Federal Rules, News
Henry Kelston of the Legal Intelligencer provides a useful summary of the amendments to the FRCP that were recently proposed by the United States Courts’ Advisory Committee on Civil Rules. The rules would seek to create uniformity on a variety of issues including scope and proportionality of discovery, sanctions for failure to preserve discoverable information… Continue Reading

DE District Court Test Drives Race Tires America, Curbs Taxation of eDiscovery Costs

Posted in Cost Shifting, Federal Rules, Form of Production
As readers of this blog likely know, there’s a mini-trend in eDiscovery to recover vendor costs in Federal courts as "taxable" under 28 U.S.C. §1920(4). That section allows courts to require losing parties to reimburse prevailing parties for "fees for exemplification and the costs of making copies of any materials where the copies are necessarily… Continue Reading

Footnote Nugget

Posted in Federal Rules, Statutes/Rules
In a recent Court of Chancery letter opinion in Dawson v. Pittco Capital Partners, CA No. 3148-CC, at page 2 in footnote 3, Chancellor Chandler wrote: Federal Court decisions are “of great persuasive weight in the construction of parallel Delaware rules” due to the analogous nature of the Court of Chancery Rules and the Federal… Continue Reading

The State of eDiscovery in Delaware, Pt. IV

Posted in Federal Rules, Top Cases
In Part III, we saw the Superior Court deal with instant messages, the Court of Chancery issues sanctions for failure to produce and dealt with issues of commingled data, and the District Court sets a fine example of wisdom and humility by reversing its prior order and deftly applying the principle of proportionality.  We pick… Continue Reading