There’s an old German proverb that advises: To change and to change for the better are two different things. And oftentimes, we don’t know which of those two categories a change will fall into until long after the change is made. When considering the 2015 Amendments to the Federal Rules of Civil Procedure, we are certainly at that crossroads because changes entail unintended consequences.
With the ever-increasing amount of electronically stored information available to complicate the discovery process, there can be no doubt that adjustments had to be made. Even further complicating matters is the confluence of social media, technology, and bring your own devices policies. To discuss the potential impact of the new rules, specifically regarding their impact on Discovery and eDiscovery, we invited four luminaries in the eDiscovery field to discuss the changes and make their own predictions. In this first of a two part series, Michael Arkfeld, Maura R. Grossman, the Honorable Shira A. Scheindlin and the Honorable James C. Francis IV address two specific areas of change:
- Cooperation and Active Case Management: 4(m), 16(b) and 26(f), and
- Proportionality and Allocation of Expenses: Rules 26(b)(1) and 26(c)(1).
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If you are licensed in New York, this content is appropriate for both newly admitted and experienced New York attorneys. Although, this content is appropriate for all New York attorneys, newly admitted attorneys cannot earn CLE credit for the completion of the course when presented via on-demand.