Amending the Federal Rules - Intended and Unintended Consequences

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Ronald J. Hedges
Chair, Advisory Board of Digital Discovery & e-Evidence
Hon. Craig B. Shaffer
United States Magistrate Judge, District of Colorado
Thomas Y. Allman
Adjunct Professor, University of Cincinnati College of Law
Kenneth J. Withers
Deputy Executive Director, Sedona Conference
Dena C. Sharp
Partner, Girard Gibbs LLP
Ariana J. Tadler
Partner, Milberg LLP


This is a complimentary program sponsored by ZyLAB.


The Federal Rules of Civil Procedure will be amended as of December 1, 2015.  These Amendments are intended to, among other things, clarify the scope of discovery, emphasize cooperation and proportionality in discovery, and establish a uniform approach to remedies for the loss of electronically stored information (“ESI”).

The Amendments are of the utmost importance to anyone who practices in the federal courts.  The intent of the Amendments as described above will affect the litigation strategy of every attorney and will require attorneys to “stop and think” when they serve or respond to discovery requests or engage in discovery disputes.  Likewise, a uniform approach to remedies for the loss of ESI should bring predictability for attorneys who have a multistate practice.

The Amendments are expected to reduce the cost and delay associated with litigation in the United States courts.  This should assist parties – individuals, business entities, and government agencies – in deciding whether to litigate and in understanding and monitoring litigation related costs and delays.

Educational Objectives:
• Recognize the proper scope of discovery under the Amendments
• Appreciate how the Amendments should promote cooperation between parties and proportionality in discovery
• Understand the “new” approach to sanctions or remedial measures when ESI is lost
• Demonstrate that the Amendments may have consequences that go beyond those that are intended

Who would benefit most from attending this program?
• Attorneys who practice in the federal courts
• In-house counsel of corporate entities or government agencies which litigate in the United States courts
• Corporate managers who are responsible to their governing bodies for litigation
• Federal judges who must interpret and apply the Amendments as well as their judicial assistants and clerks
• Legal writers who have – or intend to – write about the effects of the Amendments



Mr. Ronald J. Hedges served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007.  He is the chair of the Advisory Board of Digital Discovery & e-Evidence, a Bloomberg BNA publication.  Mr. Hedges has authored numerous articles on electronic information.  Among other things he is a co-author of both editions of the Federal Judicial Center publication, Managing Discovery of Electronic Information: A Pocket Guide for Judges and is a senior editor of the editions of The Sedona Conference Cooperation Proclamation: Resources for the Judiciary.  Mr. Hedges taught eDiscovery at Georgetown University Law Center, Seton Hall School of Law, and Rutgers School of Law-Newark.  He has served as a special master, mediator, and arbitrator.


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.


Mr. Thomas 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.


Mr. Kenneth Withers is the Deputy Executive Director of the Sedona Conference, an Arizona-based nonprofit 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.  His most recent publications are “Ephemeral Data and the Duty to Preserve Discoverable Electronically Stored Information” in the University of Baltimore Law Review (2008); and “Risk Aversion, Risk Management, and the Overpreservation Problem in Electronic Discovery” in the South Carolina Law Review (2013).  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 also 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).


Ms. Dena Sharp is a Partner at Girard Gibbs LLP who has dedicated her practice to representing plaintiffs in complex litigation throughout the United States.  She specializes in the day-to-day case management of multifaceted, high-profile cases, and has developed expertise directing complex electronic discovery projects in lawsuits.  She is an active member of the Sedona Conference Working Group on Electronic Document Retention and Production, the leading think tank on eDiscovery.  She has contributed to federal rule making process by assisting in drafting proposed revisions to the Federal Rules of Civil Procedures that have been presented to the United States Judicial Conference Advisory Committee on Civil Rules.  Ms. Sharp is also a member of the American Bar Association, where she has served as Vice-Chair of the Young Lawyer’s Division Litigation Committee, and the Federal Bar Association.  Ms. Sharp has been selected every year since 2009 as a Rising Star by Northern California Super Lawyers.  She speaks frequently on discovery issues around the country and has served on the faculty of The Sedona Conference Institute.  She is the co-author of “Four View of Consumer Fraud,” CAOC’s Forum Magazine, May/June 2012, among other articles.


In the often opaque and self-interested world of corporate decision-making, Ms. Ariana J. Tadler is an antidote — a “leading light” helping individual consumers and institutional investors expose corporate misconduct and secure multimillion-and multibillion-dollar recoveries.  A nationally recognized member of the plaintiffs’ bar, Ms. Tadler has 20+ years of experience litigating and managing the full spectrum of complex securities and consumer class actions, including high-profile, fast–paced cases.

Ms. Tadler is also renowned for being one of the nation’s leading authorities on electronic discovery in plaintiffs’ litigation — an area she and Milberg helped pioneer.  She chairs Milberg’s E-Discovery Practice Group, has authored numerous publications on E-Discovery, and is regularly invited to speak on a variety of litigation- and discovery–related topics to educate the bench and bar.  Ms. Tadler is actively involved in the development of the law and best practices, including amendments to the Federal Rules of Civil Procedure and various pilot programs.

An AV® Preeminent rated (Martindale Hubbell’s highest rating) lawyer, Ms. Tadler has been recognized by several prominent legal industry rating organizations, including 2014 Chambers USA: America’s Leading Lawyers for Business as “a leading light in the plaintiffs’ Bar” and a “fearless and tenacious” advocate who wins praise for her in-depth e-discovery knowledge and efficient approach.  Clients also praise her ability to “navigate all the e-discovery issues.”  For four years in a row, Lawdragon included her in its select list of 500 Leading Lawyers in America, describing her as “one of the nation’s most talented plaintiff-side securities litigators” and crediting her with building Milberg’s “team of lawyers and technologists armed with the necessary hardware and software to provide a solid and reliable service.”  Benchmark Litigation has also included her in its 2014 Top 250 Women Litigators in the U.S. and she was named in Super Lawyers 2014 “Top 50: Women Lawyers” in the New York Metro-area.