FSU College of Law Research Center Blog

eDiscovery Costs

Forrester Research predicts that eDiscovery technology spending will jump from $1.4 billion in 2006 to more than $4.8 billion in 2011.  As enterprises struggle to create electronic discovery systems, the need for records management will create significant market growth.  Forrester stresses the need to assemble the right team of legal, records management, and IT experts to craft eDiscovery solutions.  They also predict that a fragmented technology marketplace that may require using multiple vendors or to outsource.  For the full report see Barry Murphy's December 11, 2006 report Believe It -- eDiscovery Technology Spending To Top $4.8 Billion by 2011.

Posted by Faye Jones

Electronic Discovery: Not So Scary?

While the concepts underlying the new FRCP electronic discovery rules are simple, they represent a fundamental, complicated change in the actual practice of discovery.  Dennis Kennedy, a lawyer and expert on the application of technology in the practice of law, recommends a free guide prepared by Stratify, one of the leading e-discovery vendors.  An e-discovery slide chart, the Stratify Quick Guide to the Revised FRCP offers a summary of the main rule changes and practical tips on how to prepare.  To request a copy, contact Stratify here.  Kennedy's home page also includes many useful e-discovery resources, including "EDD-ucating Yourself About Electronic Discovery."

Posted by Faye Jones

Federal Court Rule Revisions

Proposed amendments to the various sets of federal rules can be found here, on the United States Courts website.  The text of the proposed new Fed. R. App. Proc. 32.1, permitting citation to unpublished opinions, is here.  The Pending Rules Amendments page has the text of and commentary for the proposed Bankruptcy, Civil, Criminal and Evidence rules, too.  The rules have been submitted to Congress and will be effective December 1, 2006, unless Congress enacts legislation to reject, modify, or defer the amendment by that date.

Posted by Mary McCormick

Citing Unpublished Opinions

The Judicial Conference of the United States has approved a new Appellate Rule 32.1 that will be effective December 1, 2005, unless Congress intervenes.  The new rule "permits the citation in briefs of opinions, orders, or other judicial dispositions that have been designated as 'not for publication,' 'non-precedential,' or the like and supersedes limitations imposed on such citation by by circuit rules."  The new rule is discussed in the September 2005 Summary of the Report of the Judicial Conference Committee on Rules of Practice and Procedure (as are a variety of other rules that were approved by the Judicial Conference).

Posted by Mary McCormick