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.
Thought Leadership and Industry Trends
The law technology industry came together during Legalweek earlier this month to talk about the biggest challenges and issues facing legal professionals. Among the leading topics was the continuing evolution of eDiscovery.
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.
By William Belt, Director of Enterprise Development, CDS Getting litigants to cooperate in eDiscovery is a challenge, but forcing parties to use certain one-size-fits-all technologies is not the solution according to several recent court cases. Instead courts are...