Ever since the 2015 amendments to the Federal Rules of Civil Procedure (FRCP), federal judges have been pushing attorneys to be more cognizant of their proportionality and preservation responsibilities in e-discovery. But while there has been some success in attorneys adapting to a new e-discovery landscape, many still believe there is much ground left to cover.

At inFusion 2017's “State of E-Discovery: A Candid E-Discovery Conversation between 3 Judges” session, three federal judges offered advice on how legal teams can best adhere to new e-discovery expectations. The panelists were retired Magistrate Judge Frank Maas, Magistrate Judge Andrew Peck of the Southern District of New York, and District Judge Xaiver Rodriguez of the Western District of Texas. Here are some of their tips:

1. Be Mindful of New Data Types

“There is always a cutting-edge technology in terms of communication” that poses problems for e-discovery practitioners, Judge Maas said. “Back in the '90s it was email, now it's text messaging and other media like that. There is the problem that corporations by and large don't know where their data is, who is keeping it, or where it is kept.”