The Federal Rules of Civil Procedure: Important Amendments to be Aware of in 2016
Federal District Court litigators need to be aware of some significant and important amendments to the Rules of Civil Procedure. These changes, which became effective in December 2015, are designed to change pre-trial and discovery practices in courts by speeding up and reducing the cost of district court cases.
Rule 1 now highlights the duty of counsel to cooperate in resolving cases justly, speedily and inexpensively. Further to those ends, Rules 26(b) and (c) emphasize that discovery should be proportional to the needs and relevant to the case. Amended Rule 37(e) addresses the problem of excessive retention of electronically stored information (ESI). The new amendments include modification of the rules requiring parties to respond to in more detail regarding their requests for documents. Among others, Rule 55(c), Rule 84, and Rule 4(d)(1) have been revised.
Federal District Court litigators and their associates will be wise to become aware of these changes to remain in compliance with the rules. The changes are substantial and require earlier consultation with clients and more detailed and thorough submissions and requests under the rules.
In this two hour, LIVE Webcast, a seasoned panel of thought leaders and professionals assembled by The Knowledge Group will discuss The Federal Rules of Civil Procedure and review the Important Amendments to be Aware of in 2016. The speakers will review the potential consequences of the changes and suggest best practices for compliance.
Key Topics Include:
- The Federal Rules of Civil Procedure Amendments
- Consequences of Amendments
- Increased Co-operation
- Speeding up Cases
- Reduction of Costs
- Problems of Electronically Stored Information
- Compliance and Litigation Risks
- Best Practices
Frank J. Silvestri, Jr., Partner
Verrill Dana LLP
- Amendments “a big deal” per Chief Justice Roberts
- Cases to which applicable
- Cooperation (Rule 1)
- Case Management (Rule 16)
- Responding to production requests (Rule 34)
Mary Nold Larimore, Partner
Ice Miller LLP
The new 26(b)1:
- Changes to the scope of discovery
- What does proportionality mean
- How to brief discovery issues under the new rules
- Why the Supreme Court decision in Oppenheimer is no longer good law
- Practical tips on how to respond to discovery
- Recent court decisions interpreting the new rules
- Sequencing of discovery
Jeffrey M. Eilender, Partner
Schlam Stone & Dolan LLP
The Amended Rule 37(e)
- The costs to clients (and their attorneys) for falling to preserve ESI.
- The uncertainty among the federal courts that led to the amendment to Rule 37(e).
- The new uniform standard created by amended Rule 37(e) for the imposition of spoliation sanctions.
- The impact of the rule change on ESI preservation protocols.
Who Should Attend:
- Legal Associates
- Other Interested Parties
Mary Nold Larimore's primary practice concentration is in litigation, focusing on product liability litigation, the defense of pharmaceutical and drug and device manufacturers, chemical companies, toxic tort litigation, commercial litigation, property damage litigation, and general liability litigation. Mary was the first woman from the State of Indiana to be inducted as a Fellow in the American College of Trial Lawyers and is a member of International Association of Defense Counsel, Defense Research Institute and Lawyers for Civil Justice. She served as Chair of the Supreme Court Committee on Rules of Practice and Procedure, having completed her second five-year term by appointment of the Chief Justice.
Mary has been active in publishing and speaking on issues concerning product liability, legal issues affecting the liability of pharmaceutical and drug and device manufacturers, privacy, electronic discovery, medical malpractice and the Federal Rules of Evidence.
Mary Nold Larimore's primary practice concentration is in litigation, focusing on product liability litigation, the defense of pharmaceutical and drug …
Frank Silvestri, a partner of Verrill Dana LLP in the firm’s Westport, Connecticut, office, represents parties to business disputes in state and federal courts and arbitrations. He is Vice Chair of the Federal Civil Procedure Committee of the American College of Trial Lawyers and a former co-chair of the Federal Practice Section of the Connecticut Bar Association. He is recommended in Band 1 for general commercial litigation in Connecticut by Chambers and Partners and ranked by Benchmark Litigation, among others. A graduate of Yale Law School and Georgetown University, he served as law clerk to United States Circuit Judge J. Joseph Smith of the Court of Appeals for the Second Circuit.
Frank Silvestri, a partner of Verrill Dana LLP in the firm’s Westport, Connecticut, office, represents parties to business disputes in …
Jeffrey M. Eilender joined the firm in 1995 and became a partner in 1999. Mr. Eilender has been a commercial litigator for over twenty years. Although he has litigated virtually every kind of business conflict, his practice focuses on “business divorce”—intra-corporate disputes over intellectual property, real estate and other assets, trade secrets, and disputes relating to business separations involving, for example, operating, shareholder, non-compete and severance agreements. Mr. Eilender has also represented clients in criminal and civil proceedings and investigations by government and regulatory agencies, including the Department of Justice, the Securities and Exchange Commission, FINRA, and the New York State Attorney General’s Office. He has been lead counsel in successful trials and hearings in the Commercial Divisions of New York’s state courts, a variety of arbitral forums, and in other federal and state courts around the country.
Mr. Eilender has been designated a Super Lawyer for the New York Metro Area from 2010-2014 in the area of commercial litigation. He is a member of the Association of the Bar of the City of New York, the American Bar Association (and the Business Divorce and Private Company sub-committee of its Business Law Section). Mr. Eilender is also a member of the Commercial and Federal Litigation Section of the New York State Bar Association and Co-chair of its New York State Judiciary Committee.
Jeffrey M. Eilender joined the firm in 1995 and became a partner in 1999. Mr. Eilender has been a commercial …
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About Ice Miller LLP
Founded in 1910, Ice Miller LLP is an Am Law 200 Firm with a nationally recognized reputation in many of its practice areas. Ice Miller offers a broad array of capabilities in virtually all areas of legal practice including: corporate, patents and trademarks, bankruptcy, lobbying, labor and employment, litigation, employee benefits, environment, tax, trusts and estates, real estate, municipal finance, public affairs and government law. With offices in Chicago; Cleveland; Columbus; DuPage County, Ill.; Indianapolis; New York; and Washington, D.C., the Firm has more than 300 lawyers and 40 paraprofessionals.
About Verrill Dana LLP
Verrill Dana is a full service law firm with more than 130 attorneys and a growing number of service-based practice groups. The firm has a regional presence in the Northeast, with offices from Maine to Washington, D.C., allowing us to serve clients with interests across the country and around the world. Through scalable staffing, careful communication and skillful project management, Verrill Dana helps individuals and businesses achieve their goals in a manner that suits their unique legal needs and preferred work methods.
Verrill Dana's enduring commitment to quality client service is complemented by our commitment to community service. Verrill Dana believes that its role as a leading New England business carries a corresponding obligation to give back to the communities in which we live and work. This obligation is fulfilled through the personal service of our lawyers and staff in numerous community organizations, the firm's prominent charitable giving program and the direct provision of pro bono legal services.
About Schlam Stone & Dolan LLP
Schlam Stone & Dolan is a preeminent litigation boutique with the depth of experience, creativity, and problem solving skills to deliver successful outcomes for clients with surprising efficiency. Their practice comprises all aspects of civil litigation, government and internal corporate investigations, and transactional and legal counseling. Representing our clients in major litigations is the bread and butter of our civil litigation practice. These cases often involve hotly-contested fights to control or dissolve companies, protecting clients’ valuable intellectual property or contractual rights, or disputes over valuable real estate.