Fifth Anniversary of the Federal E-Discovery Rules


On December 1, 2006, a comprehensive set of amendments to the Federal Rules of Civil Procedure went into effect addressing electronic discovery. New words and phrases entered into the vocabulary of sophisticated federal practitioners, like “ESI,” “meet and confer,” and “not reasonably accessible.” While the 2006 amendments did much to educate lawyers and judges about e-discovery, and quite a bit to standardize e-discovery practice across the country, they did little to contain the cost of e-discovery or reduce the disruptive effect of e-discovery disputes. It may be that increases in the volume and complexity of ESI outstripped the ability of the rules to deal with the issues. It may be that we simply swapped old problems for new ones. In any event, the 2006 amendments are again under scrutiny and there are several proposals to revisit them to address the preservation duties of parties and the sanctioning powers of judges.
This 90-minute roundtable is a unique opportunity to hear some of the most influential thinkers in e-discovery assess the effect of 2006 amendments. Judge Lee Rosenthal of the Southern District of Texas chaired the Civil Rules Advisory Committee while it was drafting the 2006 amendments, and went on the chair the Judicial Conference’s Standing Committee on Rules of Practice and Procedure. Judge Paul Grimm of the District of Maryland now serves on the Civil Rules Advisory Committee and, along with his colleague Judge John Facciola of the District of Columbia, has issued some of the most cited decisions applying the 2006 rules. Former Judge Ron Hedges of the District of New Jersey is now a leading national speaker and writer on e-discovery issues. Moderator Ken Withers of The Sedona Conference® will lead the dialogue and will take your questions during the program by text and by telephone.
$79 Members of The Sedona Conference® Working Group Series
$99 General Public
Register Now!


The 2006 Amendments: What Were We Thinking?What Has
Worked: “Meet and Confer,” New Emphasis on ProportionalityWhat Hasn’t
Lived Up to Expectations: “Reasonable Accessibility,” Rule 502Is Rule
37(e) a Dead Letter?Local Rules, Standing Orders, and Pilot
ProgramsNew Rulemaking Activity: Preservation and Sanctions

Thursday, November 12, 2015 - 11:00am to 12:15pm