+Mary Mack

Tom Allman: Proposed FRCP Rule 37(e) on Sanctions, Safe Harbor Dramatically Changed

The Amendments to the Federal Rules of Civil Procedure took an unexpected turn late last week.

Tom Allman

Tom Allman

The process around amending the eDiscovery Rules in the Federal Rules of Civil Procedure since the Duke Conference has been transparent, deliberative and only slightly heated.  Many of you have submitted written comments or testified live.  The Civil Rules Advisory Committee has just issued their Agenda Book for the meeting in Portland April 10-11, 2014.

Some of the surprises:  a total rewrite of the proposed amendment FRCP Rule 37(e), formerly on sanction limitation and preservation, and removal of presumptive limits.  The limitations on scope survived intact.

Tom Allman and I will be discussing the “amended amendments” with a view toward what is likely to happen in Portland (revise, republish, approve) and the impacts on the eDiscovery community and the people and organizations we serve.

The complementary webcast, Tom Allman on Federal Rules Amendments (FRCP) in the Final Stages, is sponsored by ZyLAB (my employer) and hosted by ACEDS.

Date:  March 25, 2014 at 1PM EST.  Register here.



+Mary Mack

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