John J. Jablonski Discusses Proposed Amendments to Discovery Rules in Conversations With ..., Washington Legal Foundation Winter 2014

John J. Jablonski, Chair of Goldberg Segalla’s E-Discovery Practice Group, joined other leading authorities for a discussion on proposed amendments to federal discovery rules in the Winter 2014 edition of the Washington Legal Foundation’s Conversations With … series.

The conversation focused on the current environment underlying the federal discovery reform effort; the proposed rule changes; and whether, if adopted as proposed, the amendments will successfully address the problems perceived by many litigants and judges.

“The current system of discovery is the 800-pound gorilla in the room,” John said. “When the federal rules were conceived, evidence in the vast majority of cases fit in a few file folders. Fast forward to today. The volume of potentially relevant electronically stored information (ESI) is staggering. A single litigant with an iPhone, iPad, and laptop has the storage capacity of over one hundred million printed pages. If a party has just ten similarly situated witnesses, there is a pool of potential evidence equivalent to one billion printed pages. As a society we create vast quantities of data daily. This means we need a complete paradigm shift.”

Led by former U.S. Attorney General and Pennsylvania Governor Dick Thornburgh, the conversation also featured former Colorado Supreme Court Justice Rebecca Love Kourlis, now Executive Director of the Institute for the Advancement of the American Legal System at the University of Denver.

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