As courts continue to wrestle with Rule 26(b)(2)(B), a trend of parties using proportionality as a barrier to e-discovery production emerges. Under Rule 26(b)(2)(B), the Federal Rules of Civil ...

A lot has changed since the Federal Rules of Civil Procedure (FRCP) were first enacted in 1938. Yet the goals of discovery—and the Rules governing its conduct—remain as simple now as they were then.

Use of multi-district-litigation (“MDLs”) to jointly manage discovery in toxic tort and product liability suits involving the same subject matter but filed in disparate jurisdictions is ever ...

With more than a hundred countries around the world with their own version of a data privacy law, the U.S. approach to discovery—one that has historically prioritized disclosure over data ...