November 18, 2014 Articles

Changes to FRCP 45 Substantially Alter Federal Subpoena Practice

The 2013 amendments to Federal Rule of Civil Procedure 45 altered the requirements for issuing, serving, and opposing a domestic federal subpoena.

By Jenny Le

In recent years, attorneys have become more comfortable with using technology to assist in analyzing, searching, and reviewing electronically stored information (ESI). While predictive coding has been around for some time now, there are still few reported decisions about it and even fewer, if any, on the numerous nuanced legal and tactical issues encompassing its use.

Recently, a panel at the Georgetown Advanced E-Discovery Institute tackled some of these issues and presented rare insights from a judicial, corporate, and law-firm perspective. Moderated by Magistrate Judge Francis IV of the Southern District of New York, the panel featured Kathryn Goetz of Qualcomm, Christopher King of Dentons LLP, Whitney Street of Block & Leviton LLP, and Jeane Thomas of Crowell & Moring LLP, who addressed issues related to technology-assisted review (TAR) within several mock case scenarios.

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