Zubulake and its progeny led companies to devote extensive resources
to preserving and collecting electronic discovery. As the volume of data to be
preserved and collected increased, companies began focusing on new technology,
such as assisted review, to help cull large volumes of information. Now, with
the proposed 2015 Federal Rules of Civil Procedure, the focus is shifting back
toward more reasonable discovery.
Counsel will need to get up to speed on the new rules, and fast. The
amended rules – now sailing swiftly through the legislative approval process –
will govern “all proceedings then pending” on December 1, 2015, “insofar as just
Please join McGuireWoods partner and Discovery Counsel Services Department
Griset for a valuable discussion of the evolution of e-discovery, emerging
issues in e-discovery, the proposed federal amendments, and the expected impact
on pending and future proceedings.
- Overview of the shift in law on preservation
- Fighting “discovery on discovery” requests
- The upcoming changes to the federal rules
- Social media issues
- ESI protocols
- And much more!