White Paper

Noteworthy Trends from Cases Decided Under the Recently Amended Federal Rules of Civil Procedure

 
The December 1, 2015 amendments to the Federal Rules of Civil Procedure were designed to expedite substantive resolution of issues and curtail expansive, disproportionate discovery, with the ultimate goal being to focus courts and litigants on the specific claims and defenses at issue. In September 2015, Jones Day published a White Paper titled “Significant Changes to the Federal Rules of Civil Procedure Expected to Take Effect December 1, 2015: Practical Implications and What Litigators Need to Know,” which addressed the proposed amendments and the practical impact each may have on early case management, discovery, and litigation strategy.

This Commentary provides an overview of emerging trends and practical impact from the first nine months of case law interpreting amended Federal Rules 26(b), 34(b), and 37(e).

New Rules or Old? Defining “Just and Practicable”
Because the amended Rules govern in all proceedings in civil cases commenced on or after December 1, 2015, “and, insofar as just and practicable, all proceedings then pending,”1 many litigators have had to consider whether and to what extent the new rules might apply retroactively in their long-running cases.

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Joshua L. Fuchs is a Partner in Jones Day’s Houston office. His practice emphasizes all aspects of dispute related work with a significant on trial work and e-discovery. Mr. Fuchs speaks regularly and conducts training in the area of trial advocacy and e-discovery. He is the author of several publications concerning disputes with a particular focus on e-discovery.

Faculty

Joshua L. Fuchs

Joshua L. Fuchs

Jones Day

Agenda

Faculty

Joshua L. Fuchs

Joshua L. Fuchs

Jones Day

  • Partner in Jones Day’s Houston office
  • Practice emphasizes all aspects of dispute related work with a significant on trial work and e-discovery
  • Speaks regularly and conducts training in the area of trial advocacy and e-discovery
  • Author of several publications concerning disputes with a particular focus on e-discovery
  • J.D. degree, Houston College of Law
  • Member of Jones Day’s e-Discovery sub practice and frequently provides training to firm lawyers on the subject. Josh has also led some significant e-Discovery matters including being the principle attorney responsible for discovery in the highly publicized Oracle v. SAP matter that involved numerous terabytes of data
  • Can be contacted at [email protected] or 832-239-3719

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