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Bar reaction to proposed FRCP amendments

A look at the NYSBA's comments, focused on cooperation, proportionality and scope of discovery, and preservation

Much ink has already been spilled reporting on the proposed amendments to the Federal Rules of Civil Procedure (FRCP), which primarily relate to or are motivated by the impact of electronic discovery. However, now that public comments have been submitted in response to the request by the Judicial Conference Committee on Rules of Practice and Procedure, it is time to consider the reaction to the proposals. As the largest bar association in the nation, the New York State Bar Association’s (NYSBA) opinion on the law is entitled to some weight. As the largest section of the NYSBA, the Commercial and Federal Litigation Section’s (the “Section”) opinion is especially worthy of consideration where it concerns proposed amendments to the FRCP. This article will consider the Section’s public comments on the current proposed amendments as a barometer of sentiment among sophisticated practitioners of electronic discovery. It will focus only on three areas addressed by the proposed amendments and the comments: 1) cooperation, 2) proportionality and scope of discovery, and 3) preservation.

1. Cooperation

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Adam Cohen

Adam Cohen is Managing Director at Berkley Research Group and a Certified Information Systems Security Professional (CISSP) and former practicing attorney who for more than 20 years...

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