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November 2015

New E-Discovery Rules Become Effective December 2015

After years of development, important changes to the Federal Rules of Civil Procedure, including on electronic discovery, are poised to become effective in December 2015.   It is important that companies are fully informed about these long-anticipated changes and the potential impact on their business and legal practices.

The anticipated changes to the federal rules are designed to increase cooperation between parties, reduce the gamesmanship that frequently occurs with electronic discovery, decrease the substantial costs of discovery, and improve overall case management.  For many, the amendments of greatest significance will be those affecting Rule 37(e), which provides a uniform standard regarding whether and when sanctions should be levied for the loss of electronically stored information.

Simply put, the expected amendments reflect a significant policy shift from the prior rules and therefore require extensive evaluation.  Not having a firm grasp on the changes will undoubtedly disadvantage clients and lawyers alike when litigating future cases in federal court.  As a result, everyone involved in the discovery process should be fully aware of the impact that these changes will have in litigation and on client information governance programs.

The E-Discovery Group at Gordon & Rees has analyzed the proposed changes to the Federal Rules of Civil Procedure to identify key areas that will present both opportunities and challenges for litigants.  As part of this process, Gordon & Rees has developed a training program on how to adapt to the changes.  The Gordon & Rees E-Discovery Group is offering in-person or webcast clinics at no cost to attendees to provide guidance on effective and efficient handling of electronic discovery moving forward. CLE credit will be offered wherever available.

Please contact us by email at jlilly@gordonrees.com or acary@gordonrees.com if you are interested in a presentation on the new rules.  We also are available to answer any questions about the different services the Gordon & Rees E-Discovery Group provides.

Andrew W. Cary
Jeffrey R. Lilly