Taming The E-Discovery Beast At The ITC

Law360, New York (October 31, 2012, 12:16 PM EDT) -- The last several years have seen courts implement welcome sanity regarding e-discovery. After hearing repeated complaints at foreign judicial conferences about "crazy American discovery," in 2010, Chief Judge Randall Rader asked the Federal Circuit Advisory Council (FCAC) to develop a model e-discovery order to address some of the abuses with overzealous patentee-plaintiffs, especially nonpracticing entities with few documents or employees, and Rambo-like defendants.

At the 2011 Eastern District of Texas Bench Bar Conference, to much acclaim, Chief Judge Rader announced a model e-discovery order that the FCAC developed, recommending strict limits on e-discovery.[1] The limits excluded emails from productions unless specifically...

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