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Electronic Discovery Practice Under the Federal Rules, 2010 Edition is the latest edition of the first volume in BNA Books' E-Discovery Portfolio Series examining the history of the changes to the Federal Rules of Civil Procedure relating to discovery of electronically stored information (ESI) and analyzing the revisions in relation to existing discovery practice. This resource provides an understanding of the rules and their application in subsequent case law, and examines how they can be applied to maximum effectiveness in civil litigation.

The Portfolio begins with an analysis of the rule changes’ evolution, noting significant changes and points of debate throughout the rulemaking process, including such hot-topic areas as duty to preserve, reasonable accessibility, cost-shifting, and sanctions for spoliation. This is followed by discussion of each rule, including:

• Initial disclosures under Rule 26 and the parties’ early meeting of counsel and initial pretrial conference before the court
• Changes to Rule 26(b) that introduce a new two-tiered structure for production of ESI
• Changes to Rules 33, 34, and 45 relating to the forms of production of ESI in response to document requests and interrogatories
• Privilege and work product issues
• Limitations on sanctions provided by Rule 37(f), which purports to protect certain losses of information to the extent that they occur in good faith and due to the routine operation of an electronic information system

As updated, the 2010 Edition includes a discussion of Federal Rule of Evidence 502, enacted in November 2008, sample clawback and quick peek agreements, and extensive discussion of recent case law examining the federal procedural rules governing electronic discovery.

Along with tools for applying the rules in practice, the Portfolio provides the authors’ own worksheets, which include documents related to activities involving initial disclosures/early meeting, scope of production, form of production, privilege, and sanctions. You also get a complete and detailed glossary and bibliography, giving you everything you need to understand all the ramifications of the rule changes, all in one place.

Other volumes in the E-Discovery Portfolio Series include Privilege Issues in the Age of Electronic Discovery and Preserving Electronically Stored Information: A Practical Approach.