Last year was surprisingly quiet on the electronic data discovery front. No earth-shattering opinions, no imprisoned spoliators, and barely a whimper from reported decisions related to parties’ chosen form of production. Perhaps the bench and bar are getting more sophisticated and technology savvy. Or perhaps the courts implicitly recognized the current state of flux, what with the proposed amendments to the Federal Rules of Civil Procedure that specifically address EDD. Or possibly, the industry is evolving from what was once considered cutting-edge and novel to what is emerging as best practices.
FRCP Amendment Progress
Last year saw a tremendous amount of progress by the Federal Rules Committee as they revised proposals for updated EDD-related provisions of the FRCP. Two significant proposed changes concern a revised definition of the scope of permissible discovery and a clarification of the standards for awarding sanctions due to spoliation of documents.
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