Posts from January 2016.

The Internet, like so many things in life, is not free. The content we consume must be paid for and that usually means viewing advertisements.  But as our software and browsers become increasingly adept at blocking pop-ups and banner ads, advertisers have found themselves going native.  “Native advertising” refers to paid advertisements that are designed to look like a publisher’s own editorial content.  Native advertising is attractive to both the publishers and the advertisers.  Native ads frequently command a hefty premium over traditional ads (a boon to the publisher) and ...


Out with the old, in with the new. It’s time to scrap “reasonably calculated” in favor of “proportionality.” This is because the amended Rule 26 has deleted the directive that “[r]elevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” Instead, the scope of discovery—and thus, your responses and objections—are now defined by what is “proportional to the needs of the case”. This change, as well as other amendments to Rules 26 and 34, are outlined and discussed in ...


The Amendments are officially upon us. On December 1st, the changes to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55, and 84 of the Federal Rules of Civil Procedure became law. For federal-court litigators, these changes included key amendments that are highlighted in this three-part guide. While some changes are as simple as changing the language of your discovery objections, others incorporate fundamental shifts in approaching pre-trial discovery that affect every stage of the pre-trial process.

In light of these important changes in the procedural rules governing federal ...

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Kerri Forsythe

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