Shook Attorneys Pen Bloomberg BNA Special Report on Discovery-Related Changes to the Federal Rules of Civil Procedure

Shook, Hardy & Bacon Data and Discovery Strategies attorneys
Jesse Weisshaar and Mark Cowing analyze changes to the Federal
Rules of Civil Procedure in a newly published Bloomberg BNA: Digital
Discovery & e-Evidence® special report titled “Amendments to Discovery
Rules: How Will You Be Affected?”

Providing a detailed overview of the amendments that took effect
December 1, 2015, the report addresses rules pertaining to discovery in
general as well as the discovery of electronically stored information.

The authors explore the practical implications of increased court involvement
in the discovery process, discussing new provisions that emphasize
proportionality and seek to facilitate “early, frequent and informed”
cooperation between parties. They recommend that parties be prepared
to “act sooner,” “be specific” and “reassess preservation practices.” As
the report concludes, “[A]ll involved should be prepared to adjust their
existing approaches to discovery to comply with the compulsory aspects
of the Rules’ amendments: (a) the reduction in time before parties and
the courts begin addressing discovery-related matters; (b) the increased
specificity required in objections and answers to discovery requests; and
(c) the corrected (for some) and new standards for determining the scope
of discoverable information and when sanctions for lost [electronically
stored information] can be imposed.”

Issue 586