How Has It Been A Year After Its Commencement? – Revisiting FRCP and Dredging Its Major Impacts on eDiscovery
After the amendments to the Federal Rules of Civil Procedure (FRCP) were enacted in December 2015, the e-Discovery landscape has been changed significantly. Strong emphasis on proportionality and scope of discovery have dominated federal e-Discovery opinions in 2016. Courts also seek to fine-tune how Rule 37(e), relating to the preservation and spoliation of electronically stored information (ESI), is applied in discovery as well. These changes are expected to continuously affect the e-Discovery landscape this 2017.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders will give the audience an overview of the significant changes brought by the FRCP amendments to e-Discovery. The speakers will provide insights on the recent court rulings addressing these changes.
Key Topics Include:
- 2015 Amendments to FRCP - An Overview
- Proportionality and Scope of Discovery
- ESI Preservation and Spoliation
- The Use of Technology Assisted Review (TAR)
- Review of Recent Case Law
- Compliance Risk Mitigation
- Rule 1: Cooperation is now a very clear focus of the rules, in order to reduce costs and time involved in standard eDiscovery matters. When it comes to the application of technology, especially some of the most advanced methods we currently have, how do we define cooperation? Is it joint planning, robust disclosures or something more?
- Rule 26: As proportionality receives a greater focus, advanced ESI tools and analytics are a naturally related topic. These tools are built to reduce time, costs and efforts, making the eDiscovery process both more efficient and effective. So how can they help us better judge what efforts are truly justified by the case at hand?
Greenberg Traurig, LLP
- Rule 1 was amended to recognize that effective advocacy depends upon cooperation with opposing counsel (and proportionality in using the discovery rules/procedure). Is there tension between the duty to cooperate and a lawyer’s duty to be a zealous advocate and, if so, how can counsel reconcile to two concepts when dealing with discovery and the rules?
- Rule 16 was amended to get the parties into court more quickly to discuss how to handle the case and, in particular, how to deal with preservation and eDiscovery issues (as well as the ability to request a conference before filing a discovery motion). This, like the amendment to Rule 1, seeks to foster more cooperation between counsel and proportional discovery.
Murphy & McGonigle
Revisions to Rules 34 and 37:
- New requirements for specificity in objections under Rule 34
- Clarification of the duty to preserve and uniformity of sanctions under Rule 37
- Case law developments
Strassburger McKenna Gutnick & Gefsky
- The 2015 Amendments to the FRCP introduced some of the most significant changes to the federal civil rules in decades. Chief Justice Roberts, in his Year-end report on the Federal Judiciary, stated that these amendments were intended to: (1) encourage greater cooperation among counsel; (2) focus discovery on what is truly necessary to resolve the case; (3) engage judges in early and active case management and (4) address serious new problems associated with the vast amounts of ESI. The takeaway from these changes and the process leading up to them is to encourage just, speedy and inexpensive resolutions to actions.
- Rule 26 (regarding what is discoverable) has some of the most talked about changes with the most case law. Information is discoverable under the revised Rule 26(b)(1) if it is relevant to any party’s claim or defense and is proportional to the needs of the case. Proportionality has moved “up” from its previous location at Rule 26(b)(2)(C)(iii). Perhaps this was as always intended but not necessarily as used by attorneys or applied by the courts. The rule provides a set of factors that will guide discovery arguments and guide the court in assessing those arguments. The change also reinforces the Rule 26(g) obligation to consider these same factors in making discovery requests, responses, and objections.
Who Should Attend:
- Civil Litigators
- eDiscovery Counsel and Litigators
- eDiscovery Managers and Litigation Support Professionals
- Legal Counsel
- Chief Information Officers
- Other Related/Interested Professionals
Brandon Mack is a senior consultant in the Analytics and Advanced Technologies group at Epiq. He is responsible for creating and executing plans and workflows to increase the efficiency and effectiveness of client e-discovery operations through the use of advanced analytics tools.
Brandon Mack has over twelve years of experience in a variety of legal backgrounds specific to document review, advanced conceptual analytics and general e-discovery processes. Prior to Epiq, Brandon practiced with a national firm that specialized in general corporate litigation, a regional financial banking institution, and a large national law firm where he led cases with regards to handling document review and auditing obligations. In his last position, he built from the ground up, a legal solutions division which encompassed document review and other legal services for large national corporations and law firms alike. While there, Brandon led the successful effort to certify their processes for document review by the International Standards Organization under ISO 9001:2008 protocols.
Brandon holds a Bachelor of Science degree in Professional Accounting from Bob Jones University and a J.D. from the University of Michigan in Ann Arbor where he is a member of the Michigan State Bar.
Brandon Mack is a senior consultant in the Analytics and Advanced Technologies group at Epiq. He is responsible for creating …
David Thomas is a litigation, trial, and appellate attorney focusing on defending companies against unfair or deceptive business practices claims in individual and putative class action settings. David represents manufacturers and retailers facing false advertising claims arising out of alleged violations of federal and state consumer protection statutes, including the Federal Trade Commission Act, mortgage brokers and servicers facing predatory lending and unfair servicing claims arising out of the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and state laws governing consumer financing and mortgage loan servicing. David also represents companies defending claims under state and federal false claims acts.
David Thomas is a litigation, trial, and appellate attorney focusing on defending companies against unfair or deceptive business practices claims …
Mr. Naylor is a partner and heads the firm’s Strategic Discovery and Information Management practice. He advises clients on issues related to e-discovery, including the preservation, collection, analysis, and production of electronically-stored information, in actions ranging from complex litigation to governmental regulatory investigations and requests for information. He also assists in the administration of the firm’s document review center, which provides clients with strategic and cost-effective solutions for the analysis and production of documents and electronically-stored information.
Prior to joining Murphy & McGonigle, Mr. Naylor’s practice involved the collection, analysis, and production of voluminous documents and electronically-stored information attendant to the subject litigations, including developing discovery-based review protocols and the staffing and management of attorney review teams. He also received the E. Randolph Williams pro bono award four years in a row for his representation of victims of domestic violence in custody and visitation matters. He also has been recognized as a Virginia Rising Star in eDiscovery (2015 and 2017).
Mr. Naylor received his LL.M in Taxation from the University of Denver, his J.D/M.B.A from Samford and his B.A. in Economics from Hampden-Sydney College.
Mr. Naylor is a partner and heads the firm’s Strategic Discovery and Information Management practice. He advises clients on issues …
Gretchen E. Moore, a shareholder at Strassburger McKenna Gutnick & Gefsky in Pittsburgh, focuses on commercial and civil litigation and municipal law. She has handled a wide range of disputes for her clients, including matters involving contracts, construction, fraud and breach of fiduciary duty.
Ms. Moore practices in state and federal courts, before administrative boards and in arbitration and mediation proceedings. She represents municipalities in land use, zoning, ordinance and contract matters, as well as Pennsylvania Sunshine Act and Right-to-Know Law matters.
Ms. Moore is actively involved in the firm’s legal technology research and development, particularly in the areas of data management and discovery. She has been certified as an e-discovery specialist by the Association of Certified E-Discovery Specialists (ACEDS). She is also co-chair of the firm’s Litigation Practice Group. Ms. Moore is also Secretary of the Pittsburgh Chapter of Women in eDiscovery.
Before entering law school, Ms. Moore was a research associate at the Urban Institute, a Washington, D.C. think tank. She managed a variety of law-related projects, wrote dozens of publications and worked with government agencies, private companies and nongovernmental organizations.
Ms. Moore also spent a year with AmeriCorps National Civilian Community Corps, where she worked in the areas of education, environment, public safety and unmet human needs.
Ms. Moore is a native of Vineland, New Jersey. She lives in South Fayette with her husband and their children.
Gretchen E. Moore, a shareholder at Strassburger McKenna Gutnick & Gefsky in Pittsburgh, focuses on commercial and civil litigation and …
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Method of Presentation:
Experience on civil litigation
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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Epiq is a leading global provider of integrated technology and services for the legal profession, including electronic discovery, bankruptcy, class action and mass tort administration, federal regulatory actions and data breach responses. Our innovative solutions are designed to streamline the administration of litigation, investigations, financial transactions, regulatory compliance and other legal matters. Epiq’s subject-matter experts bring clarity to complexity, create efficiency through expertise and deliver confidence to our clients around the world. For more information, visit us at www.epiqsystems.com.Epiq is a leading global provider of integrated technology and services for the legal profession, including electronic discovery, bankruptcy, class action and mass tort administration, federal regulatory actions and data breach responses. Our innovative solutions are designed to streamline the administration of litigation, investigations, financial transactions, regulatory compliance and other legal matters. Epiq’s subject-matter experts bring clarity to complexity, create efficiency through expertise and deliver confidence to our clients around the world. For more information, visit us at www.epiqsystems.com.
About Greenberg Traurig, LLP
Greenberg Traurig is an international law firm with approximately 2000 attorneys and governmental affairs professionals in 38 commercial and government centers across the United States and in Latin America, Europe, the Middle East, and Asia. Greenberg Traurig provides integrated, business-focused legal services for clients ranging from Fortune 500 corporations to innovative start-ups. The firm’s multidisciplinary teams include senior lawyers who have served as chief legal officers at major multinational companies and have spent years solving real-world problems in the business, political and legal arenas. For additional information, please visit www.gtlaw.com.
About Murphy & McGonigle
Murphy & McGonigle serves the litigation, enforcement defense, and regulatory counseling needs of clients across the full spectrum of the financial services industry – from national banks, broker-dealers, investment advisers, and hedge funds, to national and international securities markets and exchanges. Many of the firm’s partners formerly served in senior positions at the U.S. Department of Justice, SEC, FINRA, and CFTC and several served in senior executive positions in major financial institutions on Wall Street.
Murphy & McGonigle, founded in 2010, was created based on an innovative law firm model that rigorously controls overhead while providing its attorneys and clients with state-of-the-art technology and litigation support to ensure both world-class service and maximum cost-efficiency.
Murphy & McGonigle operates out of offices in New York, Washington, D.C., and Richmond, Virginia.
For more information about the firm, please visit www.mmlawus.com.
About Strassburger McKenna Gutnick & Gefsky
For nearly a century, the seasoned attorneys at Strassburger McKenna Gutnick & Gefsky have protected the interests of businesses and private individuals. SMGG’s all-encompassing approach to the law ensures that our clients’ legal needs are fully met. SMGG’s firm is built on the strong foundation of trial and transaction tested, veteran attorneys who actively practice law, mentor younger associates and volunteer in their communities. SMGG takes an entrepreneurial approach to practicing law; its willingness to try innovative strategies has helped it stay ahead of the curve. At SMGG, the clients reap the benefits of their creativity and deep knowledge of the law.