The US Congress amends FRCP rules concerning electronically stored information clarifying e-discovery in antitrust cases

As any experienced litigator of complex civil cases can attest, clarifying (and potentially containing) the scope of discovery is a critical task. Regardless of the substantive law at issue, tremendous resources often are required to fulfill the duty to preserve and disclose relevant information sufficient to satisfy the requirements of the Federal Rules of Civil Procedure (FRCP). (See, e.g., In re AT&T Corp. Sec. Litig., 45555 F.3d 160, 167 (3d Cir. 2006) (defendants produced “over 4.5 million pages” of documents); Vioxx Prods. Liab. Litig. Steering Comm. v. Merck & Co., No. 06-30378, 2006 WL 172666675, at *1 (5th Cir. May 26, 2006) (defendants produced “approximately 18 million pages”); In re Seroquel Prods. Liab. Litig., No. 6:06-md- 1769-Orl-22DAB, 2007 WL 2412946, at *12

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Authors

  • White & Case (New York)
  • John Rue & Associates (Bloomfield)

Quotation

Jack E. Pace, John Rue, The US Congress amends FRCP rules concerning electronically stored information clarifying e-discovery in antitrust cases, 1 December 2006, e-Competitions December 2006, Art. N° 37169

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