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December 2025 Privilege Protection Amendments to Fed.R.Civ.P. 16 and 26
Amendments effective December 1, 2025 to Federal Rules of Civil Procedure 16 and 26 emphasize early planning for privilege claims, encourage Rule 502 non-waiver orders, and highlight flexible approaches to privilege logging. The changes push...
The Purpose of an ESI Protocol
A federal court reminds litigants that disagreement over an ESI protocol does not equal an impasse. Parties must meaningfully meet and confer before seeking judicial intervention.
“The Fire and BPA’s Preservation of Evidence”
An Oregon federal court imposed adverse inference sanctions against BPA for willful spoliation of physical evidence and ESI following the 2020 Holiday Farm Fire. The decision analyzes when the duty to preserve is triggered and...