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Technology: Breaking down the E-Discovery Model Order

How the new model order aims to streamline e-discovery

Previous columns in this series have touched on a variety of discovery-related topics, most related to the challenges and pitfalls of e-discovery. E-discovery has frustrated not only litigants, but courts as well, dismayed that despite the best intentions of the drafters of the 2006 amendments to the Federal Rules of Civil Procedure, e-discovery costs have spiraled out of control.

The Federal Circuit Advisory Council recently promulgated an E-Discovery Model Order for voluntary use by district courts in patent litigation cases, which historically have had disproportionately higher e-discovery costs. The three-page Model Order is commendable for its clarity and brevity. Although it was drafted specifically for patent cases, it is applicable to many types of federal civil litigation, and a useful exemplar for state litigation as well. Its provisions for streamlining e-discovery include:

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Barry Shelton

Barry Shelton is a partner in Bracewell & Giuliani LLP's IP litigation group. His practice focuses on patent litigation, jury trials and administrative proceedings...

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