Date:
Friday, May 3, 2019 - 8:30am to 10:00am
Panel Description:
This panel of judges will examine the impact of case law, Sedona Conference WG1 Commentaries, and other significant developments in eDiscovery in federal and state jurisdictions. The panel will provide insight from a wide variety of perspectives from the bench, representing federal and state court systems in different regions.
Topics will include:
- Are litigants struggling with admissibility issues for new technologies and social media?
- How proactive are lawyers and judges on ESI issues in judicial conferences?
- What do judges think about privilege logs and their usefulness?
- How can lawyers facilitate a court's in camera review of documents withheld for privilege?
- Have lawyers figured out the evidentiary requirements for a burden argument?
- Do you see more frequent proportionality arguments from litigants?
- Discovery requests, objections, and responses: are litigants improving after the recent FRCP Amendments?
- Are Rule 45 Subpoenas issued before making a request of the parties?
- Has the definition of relevancy changed?
- Does document review require some sort of quasi scientific method?
- Does requiring a conference before a motion make a difference?
- What elements of Rule 37(e), if any, are “facts” that should go to the jury for determination of the appropriate sanction, or are the Rule 37(e) factors entirely a matter for the judge?