Thursday, May 20, 2010
Are they working???
After a few years with the new Federal Rules of Civil Procedure, I am left asking if it has helped. Is discovery any different? Well, I think so, but discovery is still expensive, a pain and major league inconvenience for many—but, I never thought that would go away anyway. There are cases that tell me much as changed. For example, in Calixto v. Watson Bowman Acme Corp, a case about intellectual property rights, the plaintiff sought to compel discovery on back-up tapes with a significant cost to ready them for the searching process. In the case, the court found that the backup tapes were not reasonably accessible due to undue cost and burden. That said, the defendant had to restore one backup tape to see if it contained deleted email from an employee. As you might remember one major change with the new rules was that discovery on “inaccessible data” would not necessarily be forced. The case is one example to say that it seems like they are working. What do you think? Write me with your thoughts.