Publications

"At One-Year Anniversary, Cautious Optimism as New E-Discovery Rules Gain Some Traction," Washington Legal Foundation December 2, 2016

John J. Jablonski, Co-Chair of Goldberg Segalla’s Cyber Risk Practice Group, continues his examination of the e-discovery amendments to the Federal Rules of Civil Procedure for the Washington Legal Foundation’s Legal Backgrounder white paper series.

“While old judicial habits die hard,” John writes on the state of things one year after the FRCP amendments went into effect, “some recent decisions suggest reason for cautious optimism.”

The new rules resulted in two major shifts — a narrowing of the scope of discovery and the creation of a rules-based spoliation standard regarding preservation of electronically stored information (ESI). Here, John examines decisions from the latter half of 2016 that explain the narrower scope of discovery, apply the new proportionality requirements, honor the restructured Rule 37(e), and more.

Read the article here: