Join K&L Gates Partner, Daniel R. Miller and other distinguished panelists for an informative discussion of recent amendments to the Federal Rules of Civil Procedure.
Date: January 26, 2016
Time: 10:00 – 11:30 PST (1:00 – 2:30 EST)
Sponsored by: Law Seminars International
Why You Should Call In
Attorneys involved in federal court practice, in-house counsel, eDiscovery attorneys, document retention & review specialists, others seeking to gain literacy in ESI preservation and disclosure.
Why You Should Call In
The U.S. Supreme Court released the 2015 amendments to the Federal Rules of Civil Procedure in April, which took effect last month. The amendments affect several aspects of discovery, by placing a duty of timeliness on the parties, restoring proportionality factors as to the scope of discovery, allowing scheduling orders to address clawback agreements and ESI preservation, and requiring a party to state whether it is withholding material on the basis of a discovery objection.
Perhaps the most debated change affects eDiscovery in particular. The revision of FRCP 37(e) addresses a contentious circuit split, and unifies the sanctions standard for ESI spoliation. The available sanctions are divided into two parts: when the court has made a finding of prejudice, and when the court has made a finding of intent to deprive. But the rule seeks to aid parties who have taken “reasonable steps” to preserve ESI.
In light of the changes to the FRCPs, this panel will review “reasonable steps” an attorney should take to preserve evidence, considerations in drafting litigation holds, options for managed document review, and the scope of preservation.
What You Will Learn
- How the adjustments to the FRCPs impact eDiscovery
- Scope of preservation: platforms, devices, email & social accounts
- Practical effects of the rule changes on data management & costs
- The effect of the rules’ proportionality emphasis on eDiscovery
- Developing ethical & defensible legal hold notices
- ESI preservation & review insight from the perspectives of in-house discovery counsel, an experienced large-firm partner, and an eDiscovery specialist
Click here to learn more and to register.