Federal E-Discovery

Non-US Subsidiaries' E-Discovery Is Out of Scope, Court Finds

, New York Law Journal


In their Federal E-Discovery column, Daniel J. Toal and H. Christopher Boehning write: While there have been a number of court decisions that have interpreted the new language of Rule 26(b)(1), some practitioners—and courts—still continue to cite to the old version of the Rule. A recent decision applied the new version in finding requested e-discovery from a party's non-U.S. subsidiaries to be out of scope, and reminded the bench and bar that the Rule changed on Dec. 1, 2015 and that they should not rely on the old version of the Rule.

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