December 2015 Changes to the Federal Rules of Civil Procedure: A BakerHostetler Q&A

by BakerHostetler
Contact
In this video, E-Discovery Advocacy and Management team leader Karin S. Jenson answers questions raised by clients and colleagues about the December 1 expected changes to the discovery rules of the Federal Rules of Civil Procedure, their potential practical impact, and how to prepare, including:

•What are the rules changes, and when do they take effect?

•How will these rules changes impact See more +

In this video, E-Discovery Advocacy and Management team leader Karin S. Jenson answers questions raised by clients and colleagues about the December 1 expected changes to the discovery rules of the Federal Rules of Civil Procedure, their potential practical impact, and how to prepare, including:

•What are the rules changes, and when do they take effect?

•How will these rules changes impact discovery?

•What can clients do to prepare for the changes?

Why are the rules changing? These changes are in response to increasing costs and delays in federal litigation and are intended to compel clients and litigants to focus on the scope of discovery. Taken together, they require thorough early case assessment and early and frequent discussions with the adversary. Clients who are accustomed to higher fees when a case is in the throes of discovery might now see a bigger blip at the beginning, but the rules, when properly applied, could actually result in a lower discovery spend as the parties work things out instead of engaging in motion practice. The goals of the amendments are to improve case management, to refine the concept of proportionality, to encourage party cooperation, and to provide uniform preservation and spoliation rules across the country. Currently, the case law is quite varied by circuit, and even internally within a circuit.

What are some issues/challenges clients will face when the new rules take effect? Both clients and counsel should prepared to identify which sources of information and witnesses really matter to resolving disputes. We will need to work together to ensure that we are having the right conversations with each other and with our adversaries. Potential issues could arise as clients, counsel, and judges adapt to the new rules. There is ample opportunity for dispute.

What can litigators do to prepare for the changes? Besides traditional commercial litigators, others who need to prepare include employment attorneys, patent prosecution attorneys, and bankruptcy attorneys, as the rules changes will affect all of those practices. Attorneys should study not just the additions and deletions to the rules, but also the committee notes, which give context to the changes. You can find the committee notes here: http://www.discoveryadvocate.com/conference-commentary/ . BakerHostetler has developed a comprehensive training program for all attorneys who practice in the federal courts, packaged by subject matter, such as how the changes collectively affect the preservation of evidence and the meet and confer process (the photo below is from the training for litigation and employment attorneys in Columbus). We’ve found this approach gets people thinking about what they need to do differently and what new disputes might crop up.

To help companies prepare, BakerHostetler’s E-Discovery Advocacy and Management team is offering in-house or webcast clinics to fully brief legal, business, and IT teams on the intricacies and practical application of the changes. We customize the clinics to cover anything from just the basics to a more in-depth analysis of the disputes we anticipate under the new rules.

To arrange for a clinic or to learn more about the anticipated rules changes, please contact Karin S. Jenson at kjenson@bakerlaw.com or 212.589.4266. See less -

Embed
Copy

Written by:

BakerHostetler
Contact
more
less

BakerHostetler on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.