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Amending the Federal Rules: Moving Toward Adoption

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DESCRIPTION

The proposed amendments to the Federal Rules of Civil Procedure have been approved by the Judicial Conference of the United States and have been lodged with the United States Supreme Court. Barring the unexpected, the amendments will soon be passed to Congress as the final step before an effective date of December 1, 2015. Although discovery of electronically stored information (ESI) is the centerpiece, other aspects of discovery and practice are also addressed by the amendments.

This program will inform attendees of the status of the proposed amendments, describe what Congressional action might affect the effective date, and analyze new case law to inform what the amendments might or might not accomplish. Being informed of these issues is of vital importance to anyone who litigates under, gives legal advice with regard to, or comments on, the Federal Rules of Civil Procedure.

Educational Objectives:
• Become informed about the status of the proposed amendments and possible barriers to adoption.
• Learn about how the amendments could be employed by parties to advance arguments or by judges to resolve disputes, with references to new case law.
• Find out about proposed measures that parties and their attorneys might take to comply with preservation obligations and prosecute or defend against sanctions.

Who would benefit most from attending this program?
In-house counsel; litigators; consultants.

SPEAKERS

HON. DAVID CAMPBELL, UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF ARIZONA

The Honorable David Campbell is a United States District Judge for the District of Arizona and chair of the Advisory Committee on Federal Rules of Civil Procedure. Prior to his appointment, Judge Campbell was a commercial litigator with the Phoenix, Arizona law firm Osborn Maledon. He has clerked for William H. Rehnquist of the U.S. Supreme Court and Judge J. Clifford Wallace of the Ninth Circuit Court of Appeals and has worked with courts in Botswana, South Africa, and Namibia on improving judicial case management.

Judge Campbell graduated from the University of Utah Law School and has taught civil procedure and constitutional law at Arizona State and Brigham Young University Law Schools. Hon. Craig B. Shaffer Hon. Craig B. Shaffer has been a United States Magistrate Judge for the District of Colorado since January 2001. Magistrate Judge Shaffer graduated from the College of William and Mary and earned a juris doctor cum laude from Tulane University’s School of Law. He has served as a Navy judge advocate, a senior trial attorney with the United States Department of Justice, and in private practice as a partner in two different Denver law firms. He is also a member of the Advisory Board for the Sedona Conference and has been a contributor to the University of Denver’s Institute for the Advancement of the American Legal System. Judge Shaffer is a frequent presenter at conferences and seminars addressing electronic discovery, including presentations organized by the Sedona Conference, Colorado’s Faculty of Federal Advocates, the Colorado Chapter of the Association of Corporate Counsel, Bloomberg BNA, the ABA’s Labor and Employment Law Section, the Rocky Mountain Intellectual Property Institute, and Georgetown University Law Center’s Advanced E-Discovery Institute.


THOMAS Y. ALLMAN, ADJUNCT PROFESSOR OF LAW AT THE UNIVERSITY OF CINCINNATI COLLEGE OF LAW

Tom Allman is an attorney residing in Cincinnati, Ohio and an Adjunct Professor of Law at the University of Cincinnati College of Law. Prior to retirement as General Counsel and Chief Compliance Officer of BASF Corporation, he was an early advocate of what became the 2006 Amendments to the Federal Rules of Civil Procedure. He is Chair Emeritus of The Sedona Conference® Working Group on Electronic Production and Retention (WG 1), having contributed to and edited a number of key Sedona publications. Mr. Allman also serves as one of the editors of the Electronic Discovery Deskbook and was a Member of the E-Discovery Panel at the 2010 Duke Litigation Conference that recommended additional rulemaking on the topic of preservation and spoliation rulemaking. He has published widely on the topic of technologically neutral eDiscovery rulemaking in Federal and State courts, including “E-Discovery in Federal and State Courts after the 2006 Federal Amendments,” which is also available in full text on Bloomberg BNA’s eDiscovery Resource Center.


RONALD J. HEDGES, RONALD J. HEDGES LLC

Ron Hedges is a special master, arbitrator, and mediator working with e-discovery and privilege issues. He served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. He is a member of The Sedona Conference® Advisory Board and a member of the Advisory Board of the Advanced E-Discovery Institute of Georgetown University Law Center. He also teaches at Rutgers School of Law-Newark. Mr. Hedges is author of, among other publications, Discovery of Electronically Stored Information: Surveying the Legal Landscape (BNA: 2007) and a co-author of Managing Discovery of Electronic Information: A Pocket Guide for Judges (Federal Judicial Center: 2007).


ARIANA J. TADLER, PARTNER, MILBERG

Ariana Tadler, a partner with Milberg, specializes in class action litigation, with an emphasis on securities fraud and consumer-oriented cases. She has extensive experience litigating and managing complex and fast-paced securities class actions and is a leading authority on electronic discovery.

Ms. Tadler’s accomplishments include the successful prosecution of three cases in the Eastern District of Virginia (a.k.a the “Rocket Docket”) in less than four years, including In re MicroStrategy Securities Litigation in which plaintiffs’ counsel negotiated settlements valued at more than $150 million. Ms. Tadler served as one of the court-appointed plaintiffs’ liaison counsel in the Initial Public Offering Securities Litigation in which the court approved a $586 million cash settlement. Among the thousands of defendants in this coordinated action are 55 prominent investment banks and more than 300 corporate issuers. Ms. Tadler is currently serving as lead counsel in a number of consumer cases involving the use of GMOs.

As a widely recognized authority on electronic discovery, Ms. Tadler has been retained as Special Discovery Counsel in complex litigation and has chaired and spoken on e-Discovery at nationwide and international conferences. Ariana Tadler is the Immediate Past Chair and continues to be an active member of The Sedona Conference® Steering Committee for Working Group I on Electronic Document Retention and Production, the leading “think tank” on eDiscovery. Ms. Tadler is also a member of the Advisory Boards of Georgetown University Law Center’s Advanced E Discovery Institute and Bloomberg BNA’s eDiscovery Board of Advisors.

Ms. Tadler earned a J.D. from Fordham University School of Law and a B.A. from Hamilton College. She is admitted to practice in New York and New Jersey.


KENNETH J. WITHERS, THE SEDONA CONFERENCE®

Ken Withers is the Deputy Executive Director for The Sedona Conference®, an Arizona-based non-profit law and policy think tank which has been on the forefront of issues involving complex litigation, intellectual property, and antitrust law. Since 1989, he has published several widely-distributed papers on electronic discovery, hosted a popular website on electronic discovery and electronic records management issues, and given presentations at more than 300 conferences and workshops for legal, records management, and industry audiences. Mr. Withers’ most recent publications are "Ephemeral Data and the Duty to Preserve Discoverable Electronically Stored Information," 37 U. Balt. L. R. 349 (2008) and "Living Daily with Weekley Homes," Texas State Bar Advocate, Vol. 51 (Summer 2010), 23. From 1999 through 2005, he was a Senior Education Attorney at the Federal Judicial Center in Washington D.C., where he developed Internet-based distance learning programs for the federal judiciary concentrating on issues of technology and the administration of justice. Mr. Withers contributed to several well-known FJC publications, including the Manual for Complex Litigation, Fourth Edition (2004), Effective Use of Courtroom Technology (2001), and the Civil Litigation Management Manual (2001).