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  • Jeff Cosby has achieved re-certification as a specialist in civil trial law for the third time and has now been board certified for 15 years.
  • New case on “notice” in slip and fall suits provides help to governmental agencies
  • Chioma Deere co-presented a Continuing Judicial Education (CJE) session to judges on Judicial Management of Electronic Discovery in Palm Beach County.
  • Phil Wiseberg obtains a dismissal with prejudice on the eve of trial in property insurance case.
  • In Bryant v. Mezo, Carri Leininger obtained favorable opinion from the Fourth DCA recognizing the Plaintiff’s failure to disclose prior medical treatment was fraud and justified dismissal of the Plaintiff’s lawsuit.
  • Jim Williams intervened in complex construction/banking litigation on behalf of a local county obtaining a stay and potentially saving the county from a judgment that would have deprived the county of over a million dollars in collateral.
  • Chioma Deere co-presented a Continuing Judicial Education (CJE) session on Judicial Management of Electronic Discovery at the 19th Judicial Circuit to judges from St. Lucie, Martin, and Okeechobee counties.
  • Lee Baggett and Jeff Cosby spoke at the Orlando Claims Conference on Exposing Financial Bias of Treating Doctors.
  • Carri Leininger obtains summary judgment for CGL carrier in coverage dispute arising out of a multi-million dollar construction defect case.
  • Jessica Gregory obtains summary judgment for Property Owners Association in ADA/FHA case.
  • Phil Wiseberg and Jim Williams obtain a defense verdict in an automobile negligence suit
  • Phil Wiseberg achieved dismissal of a federal copyright infringement lawsuit on behalf of a local university…
  • Carri Leininger wins appellate victory in controversial juror texting case, Murphy v. Roth
  • Jim Williams succeeds with Palm Beach County jury returning defense verdict for half clients’ pre-trial offer

U.S. Southern District Amends Local Rules regarding E-Discovery

The U.S. Southern District of Florida has made amendments to its local rules, effective December 1, 2017. One of these amendments includes changes to Rule 16.1(b)(2)(k) regarding what the parties must include in their pretrial scheduling reports when it comes to electronic discovery. Pursuant to the amended local rules, during the parties Rule 26(f) conference, they must now discuss, and include in their report, any issues about:
(i) disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced;
(ii) claims of privilege or of protection as trial-preparation materials, including -- if the parties agree on a procedure to assert those claims after production -- whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502; and
(iii) when the parties have agreed to use the ESI Checklist available on the Court’s website, matters enumerated on the ESI Checklist.

The ESI checklist available on the Court’s website includes matters such as: preservation, Liaison (identity of each party’s E-Discovery liaison, who will be knowledgeable about and responsible for each party’s ESI), informal discovery about the location and types of systems where ESI may be stored, issues regarding the likely benefit of the proposed discovery and the estimated costs, search methods for ESI, whether it is appropriate to conduct ESI in phases, the format of ESI for production, and any production of privileged or work product information will be handled.

Attorneys must think carefully about these ESI issues before attending any pretrial scheduling conference, as the court will turn to these pretrial conference reports to guide its decision in any future conflict regarding ESI that may arise in a case.

You can find the amended local rules at www.flsd.uscourts.gov/Local-Rules
You can find the ESI checklist on the court’s website, under forms, at www.flsd.uscourts.gov.

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