Corporate lawyers are starting to get their first glimpses into how federal courts will interpret new rules for “e-discovery” in civil litigation.

In the more than six months since the amended rules for civil procedure went into effect, courts nationwide are only just beginning to decide the host of questions and disagreements bound to crop up between litigating parties. Particularly significant is revised Rule 26, which states that a party need not provide electronic data that is deemed “not reasonably accessible because of undue burden or cost”—which the responding party has the burden to prove.


Gordon Experts tell Compliance Week ...