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Solving eDiscovery Challenges In 2012: A New Year’s Resolution
Editor: eDiscovery reforms are a topic of great interest. What is your perspective on potential reforms and the benefits of those reforms? d’Alencon: A New Year brings with it New Year’s resolutions, and for 2012 eDiscovery reform is high on almost everyone’s list. There are a...
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Amending Rule 45: Clarifying And Changing Subpoena Practices
In considering potential changes to the subpoena rule, Rule 45 (the Rule), which had not been changed in 20 years, the Civil Rules Advisory Committee (CRAC) was of the view that there were things that needed to be clarified or changed and that it was very lengthy and at times hard to follow....
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Challenging Federal Agency Rulemakings
Editor: What is the importance of the recent decision by the D.C. Circuit in Business Roundtable v. SEC? Tarbert: The Business Roundtable decision is important as the proverbial shot across the bow of agencies undertaking rulemaking under the Dodd-Frank Act or any other analysis that...
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