University of Denver

Blog Posts by Brittany Kauffman

Courts Champion Proportionality as a Benchmark for Curbing E-Discovery Costs

Brittany Kauffman
Today, numerous pilot projects are in various stages of consideration and implementation around the country, with proportionality in discovery a key theme among projects. In his recent article “Proportionality: The key to reducing corporation e-discovery costs,” Philip Favro recognizes this common theme and notes that...

Delaware Court of Chancery Amends Rules to "Account for Modern Discovery Demands"

Brittany Kauffman
The Delaware Court of Chancery has amended its Rules regarding discovery, effective January 1, 2013, to "account for modern discovery demands" and to bring the Court’s rules in line with "current practice." The Court has also expanded its Guidelines To Help Practitioners In The Court of Chancery to include guidelines...

Western District of Washington's New Local Rules Promote Efficiency for Discovery and Trial

Brittany Kauffman
The Western District of Washington has amended its Local Civil Rules, which include their express purpose of promoting “the just, efficient, speedy, and economical determination of every action and proceeding.” Local Rule 26(f) states that the proportionality standard set forth in Fed. R. Civ. P. 26(b)(2)(C) “must be...

Alabama Passes Legislation to Adopt Expedited Trial Procedures, Louisiana to Study Options

Brittany Kauffman
Alabama has passed legislation, SB 47 (Act 2012-492), which requires the Alabama Supreme Court to adopt expedited trial procedures for cases in circuit court where the amount in controversy does not exceed $50,000. In contrast, Louisiana also passed legislation, HCR 81, which requests the Louisiana State Law Institute...

Southern District of New York Complex Civil Case Management Project Extended

Brittany Kauffman
Approximately one year ago, on November 1, 2011, the U.S. District Court for the Southern District of New York implemented a Pilot Project Regarding Case Management Techniques for Complex Civil Cases. The Board of Judges has now extended the pilot project for an additional eighteen months, to expire September 30, 2014.

Northern District of California Joins Growing List of Jurisdictions Adopting Guidelines on E-Discovery

Brittany Kauffman
The Northern District of California unveiled a new set of guidelines on Tuesday for the discovery of electronically stored information (ESI). The guidelines were developed by a bench-bar committee chaired by Magistrate Judge Elizabeth D. LaPorte in partnership with the Rules Committee. In addition to the guidelines,...

Tide May Be Changing with Regard to Proportionality in E-Discovery

Brittany Kauffman
A Metropolitan Corporate Counsel article this week asks "Are Courts Beginning to Take Proportionality Seriously in E-Discovery?" As this article points out, “the tide may be changing” with a "variety of recent developments [that] demonstrate that courts are relying on the principle of proportionality with increasing...