The FRCP Amendments Five Months Down the Road: Rule 26

In a recent Zapproved webinar, ediscovery experts convened to discuss some of the cases affected by the 2015 FRCP amendments.

Author:  Ian Lopez, Legaltech News

With the most recent changes to amendments in the Federal Rules of Civil Procedure (FRCP), many cases today have made headlines, in light of these new rule changes. Zapproved hosted a webinar on May 17, 2016, featuring a discussion lead by James Francis, United States Magistrate Judge, Southern District of New York; William Butterfield, partner at Hausfeld; and Brian Corbin, vice president, assistant general counsel at JPMorgan Chase & Co. Moderating the discussion was Brad Harris, vice president of products at Zapproved.

Judge Francis began with explaining the start of the rule change discussion back in 2010. The particular areas that needed the most attention and focus were cooperation, early case management, and proportionality. Butterfield chimed in and explained what the Rules Committee had noted when making these amendments.

“…the rules committee said it was restoring proportionality calculations to Rule 26(b)(1), but that didn’t change the existing responsibilities of the court and the parties,” Butterfield explained. “It further made clear that it was not placing the burden … on the party seeking discovery, and relatedly made clear that the rules amendment was not intended to permit the opposing repartee to refuse discovery simply by making a boilerplate objection.”

The discussion then moved to discussing the latest cases affected by these rules changes. The cases discussed were as follows:

  • Gilead Sciences v. Merck
  • In Re Takata Airbag Products Liability Litigation
  • Carr v. State Farm Mutual Auto Insurance

For a full summary of each case with each panelists commetns, check out the entire article originally posted on Legaltech News for how your legal teams can explore their current ediscovery solutions in relation to your teams’ goals before making the switch.


The FRCP Amendments Five Months Down the Road: Rule 26“on Legaltech News.