Federal Rules Revisions: E-Discovery Implications
Program Number: 2437
Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP
The evolution of e-discovery continues at a rapid pace. For a second time in less than 10 years, major changes are planned for the Federal Rules of Civil procedure, meant to address issues of cooperation, proportionality and efficient resolution of e-discovery disputes. In this program, Steve Bennett, Park Jensen Bennett LLP, reviews the impetus for the Rules changes (Rule 1 [cooperation], Rule 26 [scope of discovery], Rule 37 [sanctions / preservation]); outlines the practical implications of the changes; suggests areas of remaining uncertainty, where careful planning may help avoid unnecessary burdens; and reviews additional useful resources. Mr. Bennett also discusses recent cases, e.g., Procaps S.A. v. Patheon Inc., No. 12-24356-CIV, 2014 WL 800468 (S.D. Fla. Feb. 28, 2014); No. 12-24356-CIV, 2014 WL 1047748 (S.D. Fla. Mar. 18, 2014) (duty of preservation); and relevant Model Rules of Professional Responsibility (e.g., 1.1 [duty of competence]).