By: Andrew Bartholomew
The e-discovery world has been abuzz of late regarding forthcoming changes to the Federal Rules of Civil Procedure (FRCP). In a meeting held in Portland, Ore., earlier this month, the Civil Rules Advisory Committee approved official FRCP amendment proposals, which have been submitted for review by the Standing Committee in May. If approved, the Judicial Conference of the United States, the Supreme Court and finally Congress will review the amendments before they are officially adopted. If the proposed amendments pass all necessary hurdles, they would be incorporated into the FRCP in December 2015.
Following the meetings in Portland, Exterro was privileged to host Advisory Committee Chair Judge David Campbell (D. Arizona) and committee member John Barkett (Partner, Shook Hardy Bacon) on a one-hour webcast, “Countdown to the FRCP Amendments in Portland.” They discussed the rule changing process and provided attendees with an insider’s view of how the committee arrived at its proposed changes to the amendments.
While the Advisory Committee proposed several changes, the two most discussed amendments in e-discovery circles are those to Rule 26 (b)(1) and Rule 37 (e), which involve e-discovery scope, preservation requirements and the standard of culpability when electronically stored information (ESI) is lost. Scott Giordano, Exterro’s corporate technology counsel, attended the Portland meetings and recently provided a breakdown of the new Rule 37 (e) on preservation standards for E-Discovery Beat, as well as moderated the most recent webcast.
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