Date: January 27, 2021
Time: 2:00 – 3:00 pm EST
Approved: California, Florida, Georgia, Illinois, New Jersey, Texas, Washington
Pending: Colorado, North Carolina, Virginia
*This presentation is approved or pending CLE accreditation in the aforementioned States for 1 general credit.
**If you are seeking CLE accreditation in another State, you will receive a Certificate of Attendance as proof of your participation. Please check with your State Bar to ensure you can be accredited through reciprocity. For example, New York licensed attorneys may obtain CLE credit through other approved jurisdictions as provided in New York’s Approved Jurisdiction policy
The case law on electronic discovery in U.S. Federal Courts continues to evolve, and—despite the pandemic—2020 was a banner year for new opinions on a myriad of eDiscovery-related topics. This program explores several recent developments in the interpretation and application of the 2015 amendments to the Federal Rules of Civil Procedure. This includes examining how some old issues continue to confound litigants such as the production of metadata. In addition, this program looks at some interesting trends in discovery related to Rules 26 and 34, the implications of using technology assisted review (TAR), and the application of Rule 37(e).
Topics covered include:
- Cooperation and search terms
- The expanding application of Sedona Principle 6
- Cooperation and the use of TAR, including who controls and cost-shifting
- The use of 502(d) non-waiver orders
- Rule 26(g) and the “reasonable inquiry” standard
- Discovery on discovery
The application of Rule 37(e) and inherent authority