Socha Consulting LLC » Rules

Bill Introduced to Enact Evidence Rule 502: 12/11/07

George Socha — Fri, 21 Dec 2007 13:23:19 +0000

Link to news posted on U.S. Courts Federal Rulemaking website:

On December 11, 2007, Senator Patrick Leahy, Chair of the Senate Judiciary Committee, introduced S. 2450, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence. The legislation addresses waiver of the attorney-client privilege and work product protection and is identical to proposed [...]

A Rose by Any Other Name is Not a Rose: The New F.R.C.P. Amendments

George Socha — Fri, 21 Dec 2007 12:55:20 +0000

Link to blog entry posted by Sharon Nelson on Ride the Lightning, December 19, 2007:

Effective on December 1, 2007, the new Federal Rules of Civil Procedure are often referred to as â€œthe style rulesâ€ and some lawyers have complacently chosen not to take a close look at them. This way lies a minefield however â€“ [...]

One year after FRCP, struggles continue with e-discovery

George Socha — Thu, 20 Dec 2007 14:00:00 +0000

Link to news article by Beth Pariseau posted on SearchStorage.com, December 19, 2007:

A year ago, changes to the rules which federal courts use to prosecute civil cases went into effect. Those changes have since resulted in a wave of marketing hype from technology vendors, but only dim awareness among data managers about how the amendments [...]

CommVault Survey Highlights Disconnect Between Legal and Information Technology Departments Over FRCP Ammendments

George Socha — Tue, 11 Dec 2007 17:18:08 +0000

Link to press release: One Year Later, IT Departments Still Struggling to Address FRCP Requirements

OCEANPORT, N.J. â€” December 11, 2007 â€” It’s been one year since the US government overhauled the Federal Rules of Civil Procedure (FRCP) on December 1, 2006 in an effort to streamline the electronic discovery of information. A new study [...]

Chicken Little-gation In the Electronic World

George Socha — Fri, 07 Dec 2007 13:58:48 +0000

Link to article by Stephen Whetstone and Michael Simon posted on IndustryWeek, December 7, 2007:

A year ago, the rules that govern litigation in our federal courts were amended to require lawyers and clients to deal head on with electronically stored information (ESI). On December 1, 2006, changes to the Federal Rules of Civil Procedure (FRCP) [...]

Discovery Rules Raise More Questions Than Answers

George Socha — Wed, 07 Nov 2007 15:33:10 +0000

Article by Lloyd B. Chinn posted on Law.com, November 7, 2007:

The shift toward electronic communications over the last 20 years has been well-documented; the courts have been wrestling with the challenges posed by electronic discovery ever since. Not until December 2006 did the Federal Rules of Civil Procedure (“the new rules”) specifically address the unique [...]

Perspective: The new e-discovery burden

George Socha — Wed, 24 Oct 2007 17:45:33 +0000

Article by Eric Sinrod posted on CNET News, October 17, 2007:

Almost a year ago the Federal Rules of Civil Procedure governing the discovery of electronic data were amended. While the changes were designed to reduce litigation costs, we’ve seen just the opposite.

The amendments broadened the definition of items subject to legal discovery, ranging from “documents” [...]

New Act Addresses Timely Issue of Electronic Discovery

George Socha — Fri, 24 Aug 2007 12:35:30 +0000

Press release: August 2, 2007 â€“ By some recent estimates, more than 90% of business information is now stored electronically. The state rules concerning discovery of information in civil cases were written at a time when information was mostly stored on paper. A new act approved today by a national law group addresses [...]

New Turns in the Maze: Finding Your Way in the New Civil Rules

George Socha — Sat, 18 Aug 2007 20:07:02 +0000

Article by Megan E. Burkhammer published in Bench & Bar of Minnesota, Vol. 64, No. 5, May/June 2007:

Is Columbus Day a â€œlegal holidayâ€ for the purposes of computing time under Rule 6 of the Minnesota Rules of Civil Procedure? Can I get a subpoena from a Minnesota court to compel discovery in an action pending [...]

Eighty-Three Percent of Technology Executives Say Their Companies Lack Comprehensive System to Preserve Data Needed in Lawsuits

George Socha — Fri, 01 Jun 2007 22:11:24 +0000

Press release:Â Six Months After Amended Federal Rules Changes Take Effect, Survey Shows Companies Not Prepared for E-Discovery

SAN FRANCISCO, CA May 29, 2007 â€“ Survey results announced today by DiscoveryBox and Strategic Discovery, Inc. reveal that 83 percent of technology decision makers are not prepared for litigation under the amended Federal Rules of Civil Procedure [...]