March 27, 2014 | Inside Counsel
What do the proposed amended FRCP changes mean for in-house counsel?Some, and maybe all, of these proposed Rules are likely to be adopted, and practitioners should be thinking now about what changes the new Rules will bring about.
By Cynthia Courtney, Peter Coons
6 minute read
March 13, 2014 | Inside Counsel
Litigation: Limits on sanctions in proposed Rule 37(e) to the FRCPA common lament is that individuals, who are often innocent people trying to achieve redress through civil rights and employment claims, have too high a burden to demonstrate that the producing party spoliated evidence.
By Cynthia Courtney, Peter Coons
12 minute read
February 27, 2014 | Inside Counsel
Litigation: Cooperation in the proposed Federal Rules amendmentsAt the Duke Conference, cooperation had center stage. The Duke Conference attendees lamented that excessively adversarial behavior drives up the costs of litigation.
By Cynthia Courtney, Peter Coons
5 minute read
February 13, 2014 | Inside Counsel
Litigation: Proportionality in discovery proposals for amendments to Federal Rules of Civil ProcedureSeveral proposed amendments seek to promote proportionality in discovery by directly amending the scope of discovery, promoting clearer responses to Rule 34 requests for production, and explicitly recognizing the authority to allocate expenses in discovery.
By Cynthia Courtney, Peter Coons
11 minute read
January 30, 2014 | Inside Counsel
Litigation: Proposed amendments to the FRCP prioritize early and active judicial managementDelay itself undermines the goals of Rule 1. Accordingly, certain proposed changes merely shorten time frames already existing in the Rules.
By Cynthia Courtney, Peter Coons
6 minute read
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