Commercial Litigation and Arbitration

New Article — Electronic Discovery and Other Problems

A new article prepared for the May 2010 Duke Conference being held by the Standing Committee on Rules of Practice and Procedure of the U.S. Judicial Conference has been posted on the Recent Articles page.

It is focused primarily on electronic discovery problems not addressed by current rules and proposing solutions. It also suggests that, if one takes Twombly and Iqbal's concerns seriously, they are a clumsy way to assess merits up front, and the Rule 12(b)(6) ought to be reexamined.

See Electronic Discovery and Other Problems on the Recent Articles page.

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