Texas Supreme Court Opinion is a Manual for Handling Discovery Disputes

By issuing In Re: State Farm, the Texas Supreme Court gave lawyers a manual for handling discovery disputes in Texas courts.  The opinion lists seven factors for balancing the requesting party’s need for discovery with the responding party’s claim of burden and cost.  The factors are: Likely benefit of requested discovery; Needs of the case; […]

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A Duty to Preserve Mobile Data – YES!

A duty to use reasonable efforts to preserve potentially relevant information, including electronic data, arises when litigation has commenced or is reasonably anticipated. Today, mobile devices often contain unique, relevant data.  Moreover, due to available technology, preserving mobile data is now generally easy and relatively inexpensive. Quite simply, the combination of unique, relevant data with […]

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Boilerplate Discovery Objections Can Harm Your Case (And Cost Your Client Money)

In Fischer v. Forrest, Judge Andrew Peck issued “a wake-up call to the Bar.”  This New York federal magistrate judge took lawyers to task for “boilerplate” discovery objections, finding them to violate the 2015 amendments to the Federal Rules of Civil Procedure in multiple ways. Discovery Responses Must Meet Minimum Standards Judge Peck identified certain […]

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Scope of Duty to Produce Documents May Depend on Your Legal Rights: Do You Know Them?

The rules that govern civil litigation in federal courts require parties to produce potentially relevant documents (including electronically stored information or “ESI”) that are in the party’s “possession, custody, or control.”  The rules do not define “possession, custody, or control,” although that phrase can apply to massive amounts of data, especially now that potentially relevant […]

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