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Sanctions for discovery misconduct: The latest from the US Supreme Court

Sanctions for discovery misconduct: The latest from the US Supreme Court

In a rare discovery-related opinion, the US Supreme Court recently addressed how to calculate damages in the event of discovery misconduct. For litigants, the decision is a mix of good news and bad news as it reinforces the court’s inherent power to sanction bad faith behavior while limiting damages to those caused by the misconduct.

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Start planning now for federal rule change in digital authentication

Start planning now for federal rule change in digital authentication

The latest proposed change in the Federal Rules of Evidence (FRE) addresses a common eDiscovery concern – authentication. Proposed FRE 902(13) and (14) look to help parties determine in advance of trial whether the authenticity of electronic evidence will be challenged. The Rules will allow for authentication using an affidavit by a competent forensics or eDiscovery professional, instead of live testimony.

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