"Despite Advent of New E-Discovery Rules, Old Judicial Habits Still Infect Federal Decisions," Washington Legal Foundation May 27, 2016
“‘The king is dead. Long live the king.’ European monarchies conveyed the immediate passage of sovereignty from a dead ruler to a new one with this proclamation. It works as well for the amendment of Federal Rules of Civil Procedure 26(b)(1) and 37(e), because in many ways an old governing rule on discovery passed away on December 1, 2015, when the amendments took effect—but the ghost of the old ruler still haunts both bench and bar.”
So writes John J. Jablonski, Chair of Goldberg Segalla’s E-Discovery Practice Group, in this Legal Backgrounder published by the Washington Legal Foundation. John examines the implications of the disparity between courts that have embraced the express intent and language of the new amendments and others that have been reluctant to acknowledge the changes and their significance.
Read the article here:
- “Despite Advent of New E-Discovery Rules, Old Judicial Habits Still Infect Federal Decisions,” Washington Legal Foundation, May 27, 2016