https://nowdiscovery.com/frcp-26-the-scope-of-discovery/Rule 37 of the Federal Rules of Civil Procedure (FRCP, for short) empowers a court to impose several different types of sanctions for parties unable or unwilling to comply with lawful discovery orders and requests. For example, upon failure to abide by a court order (including one for discovery), Rule 37(b)(2)(A) allows a court to…

Broadly considered, there are a wide variety of sources of ediscovery law. That’s because ediscovery law isn’t confined to the statutes, regulations, and codes that touch on the topic of electronically stored information in litigation. Instead, there exists a bulk of advisory and professional material designed to enlighten and guide judges, lawyers, and litigants with…

Rule 45 of the Federal Rules of Civil Procedure (FRCP 45, for short) sets out the procedure for the issue of subpoenas in federal court. It includes provisions for what a subpoena must contain, how it is to be served, who can issue one, and what steps a person subject to a subpoena can take…

In New Zealand, the required procedure for civil court action is set out in a set of rules for the two main courts in the country: The District Court Rules and the High Court Rules. A consultation has just been concluded on significant changes to the High Court Rules.  We discuss three core proposed changes…

If you’re using artificial intelligence (AI) to power your ediscovery, how can you be certain that the AI system is properly doing its job? 

Trust in AI-Generated eDiscovery

Well, the National Institute of Standards and Technology (NIST) is working on that problem and last month proposed “four principles of explainable artificial intelligence” designed…

Artificial intelligence (AI) is fast becoming one of the most valuable tools in ediscovery, but AI is also emerging as a significant crime threat based on its ability to facilitate different types crimes across a broad spectrum of applications. Interestingly, the two disparate AI uses could easily intersect, as AI-produced fake content has been…

The European Commission (the executive branch of European government) released a new data strategy earlier this year to relatively little fanfare. In this article, I look at the European Commission’s proposed new data markets or ‘data spaces’ and indicate what this could mean for discovery litigation. 

Background 

The European Union’s General Data Protection Regulation (GDPR)…

Having long been fascinated by legal professionals, but never having the wherewithal to pursue a law degree, I am changing careers and moving to Arizona where I can now legally represent clients and practice law absent a law degree or need to pass that pesky bar association exam. I will be a paraprofessional. That’s right,…

Rule 33 of the Federal Rules of Civil Procedure sets out the proper procedure with respect to interrogatories in federal actions. With one exception, the answer to the question “Can you refuse to answer interrogatories?” is a resounding, “No!”

In short, Rule 33 requires that each received interrogatory must be either answered, or objected to,…

France’s data protection regulator, CNIL, recently announced that it has fined the online shoe retailer, ‘Spartoo’ 250,000 Euros for breaching european data protection laws. While the General Data Protection Regulation (GDPR) only applies to organizations that do business with customers or potential customers in the EU, many GDPR obligations are replicated in data protection laws…

The Federal Rules of Civil Procedure – Rule 26 (or, FRCP 26 for short) sets out the duties of how you have to disclose information to the other side in a lawsuit. While you’re not required to disclose absolutely every piece of information in your possession (that would be impossibly difficult), you must hand over…

A few weeks ago New Zealand’s stock exchange was forced to close for four days due to a concerted cyber attack. Cyber attackers target law firms as well. Remember the ‘Panama Papers’ incident from a few years back? In that case, tens of thousands of confidential and privileged documents located in a now discredited and…

If you rely on your children/teenagers for household tech support, then it probably will not surprise you to learn that the criminal mastermind behind the recent high-profile hack of Twitter V.I.P. accounts is a teenager. While most adults struggle with many aspects of today’s digital world, our children grow up completely immersed in it and…