"The 2015 Amendments to the Federal Rules of Civil Procedure: Guide to Proportionality in Discovery and Implementing a Safe Harbor for Preservation," Defense Counsel Journal October 2015

“Amendments to the Federal Rules of Civil Procedure (FRCP) will take effect on December 1, 2015 unless Congress acts to modify or reject them, which is highly unlikely,” write John J. Jablonski, Chair of Goldberg Segalla’s E-Discovery Practice Group, with co-author Alexander R. Dahl, General Counsel to Lawyers for Civil Justice.

“Collectively, the changes are designed to lower the costs of litigation by 1) providing judicial tools to encourage and enforce proportional discovery limited to information relevant to ‘claims and defenses,’ and 2) reducing costs associated with over-preservation and ancillary litigation by establishing a uniform national standard for preservation obligations and a safe harbor for parties that take reasonable steps in good faith to preserve electronically stored information (‘ESI’).”

In this article written for the International Association of Defense Counsel, John and Alexander examine these and other key 2015 amendments, along with examples of analytical methodologies, to help courts and lawyers apply the amendments as envisioned and provide context and support from existing cases and commentary.

Read the article here: