Amending the Federal Rules: Intended and Unintended Consequences
The Federal Rules of Civil Procedure will be amended as of December 1, 2015. These Amendments are intended to, among other things, clarify the scope of discovery, emphasize cooperation and proportionality in discovery, and establish a uniform approach to remedies for the loss of electronically stored information (“ESI”).
The Amendments are of the utmost importance to anyone who practices in the federal courts. The intent of the Amendments as described above will affect the litigation strategy of every attorney and will require attorneys to “stop and think” when they serve or respond to discovery requests or engage in discovery disputes. Likewise, a uniform approach to remedies for the loss of ESI should bring predictability for attorneys who have a multistate practice.
The Amendments are expected to reduce the cost and delay associated with litigation in the United States courts. This should assist parties – individuals, business entities, and government agencies – in deciding whether to litigate and in understanding and monitoring litigation related costs and delays.
Educational Objectives:
• Recognize the proper scope of discovery under the Amendments
• Appreciate how the Amendments should promote cooperation between parties and proportionality in discovery
• Understand the “new” approach to sanctions or remedial measures when ESI is lost
• Demonstrate that the Amendments may have consequences that go beyond those that are intended
Speakers:
Ronald J. Hedges (moderator) - Ronald J. Hedges LLC
Hon. Craig B. Shaffer - United States Magistrate Judge, District of Colorado
Thomas Y. Allman - Adjunct Professor, University of Cincinnati College of Law
Kenneth J. Withers - The Sedona Conference
Dena C. Sharp - Partner, Girard Gibbs LLP
Total Credits: 1.50 units
Online
December 8, 2015, 10:00 am - 11:30 am PDT
For further information see:
http://www.bna.com/amending-federal-rules-m17179936313/Note: May require a promotion code
