“Ephemeral messaging is short-lived, yet the data preservation and regulatory obligations remain.” In case you missed it, our colleague Sheila Rafferty Wiggins has a great primer on ephemeral messaging over at the Duane Morris Tech Law Blog.
China’s Focus on Data Privacy, Security Adds Complexity to Cross-Border Discovery
Last month we reviewed a recent case applying China’s Personal Information Protection Law (PIPL) to a class action discovery dispute. If you are interested in strategies for complying with U.S. discovery obligations when the data you need to produce is located in China, head on over to the Legal Intelligencer to read my latest article.
Proposed New Rule 16.1 Encourages Early Assessment of Discovery Issues in MDLs
On March 28, 2023, the federal judiciary’s Advisory Committee on Civil Rules voted in favor of publishing draft Rule 16.1 regarding initial case management in multidistrict litigation (MDL) for public comment.
Although the proposed rule does not require a transferee court to hold an initial management conference, it encourages the transferee court to do so in order to “develop a management plan for orderly pretrial activity in the MDL proceedings.” While most courts already hold one or more management conferences at an early stage of MDL proceedings, the Draft Committee Note to the proposed rule emphasizes the need to formalize “a framework for the initial management of MDL proceedings” given that MDLs account for a large percentage of the federal civil docket.
The proposed rule encourages the court to provide litigants with a set of issues that they must address at the initial conference and outlines a non-exhaustive list of twelve topics for courts to consider. Four of these topics have the potential to impact the parties’ discovery strategy: Continue reading “Proposed New Rule 16.1 Encourages Early Assessment of Discovery Issues in MDLs”
Welcome To The Duane Morris Discovery Strategy And Data Analytics Blog
By Brandon Spurlock and Jessica Priselac
We are excited to launch this new Duane Morris blog, which will cover all aspects of discovery, including the impact of emerging technologies on the discovery process, the evolving laws and regulations from around the globe that are shaping discovery strategy in U.S. litigation, and recent cases that provide insight into how state and federal courts are grappling with these issues.
And for those of you who know us, it will come as no surprise that we will also be covering discovery topics that arise out of class actions and MDLs in conjunction with our colleagues over at the Duane Morris Class Action Defense Blog.
Brandon (email@example.com) and Jessica (firstname.lastname@example.org)