I was very pleased to be given the opportunity by the Committee to address them and highlight the technical aspects of the proposed changes, not just the legal ones.
Washington, DC (PRWEB) February 27, 2014
Daniel Regard, Managing Director of iDiscovery Solutions, Inc., ("iDS"), an award-winning, global, legal technology expert services firm headquartered in Washington, D.C., recently testified at one of the three Civil Rules Hearings regarding possible amendments to the Federal Rules of Civil Procedure (FRCP). The public hearing was held in Dallas, TX on February 7 and was the last of three hearings on the calendar for FRCP public testimony. The federal judiciary’s Committee on Rules of Practice and Procedure, better known as the “Standing Committee,” held not only the three hearings, but also allowed for open letters to be submitted for review and consideration through February 18.
Having managed discovery on some of the highest profile investigations and cases in the past decade, Mr. Regard testified specifically on the proposed language for Rule 37(e) and the overall concept of technology solving current discovery issues. Mr. Regard, a prominent expert and thought leader within the discovery community, shares the concerns of some of his colleagues surrounding how the courts could determine and sanction a failure to preserve and/or provide electronically stored information (ESI). The Advisory Committee on Civil Rules unanimously recommended in May 2013 that Rule 37(e) be completely revamped in an effort to address what many litigants felt was overbroad preservation they had to undertake to ensure they would not later face sanctions.
“I think that it is an important time for our industry to share our thoughts on the potential changes to the Federal Rules of Civil Procedure,” states Mr. Regard. “A quick review of written and oral comments shows the growing amount of interest surrounding this topic. I was very pleased to be given the opportunity by the Committee to address them and highlight the technical aspects of the proposed changes, not just the legal ones.”
A programmer and an attorney by training, Mr. Regard is a nationally recognized electronic evidence and case management expert with more than 20 years of experience consulting with legal and corporate entities. He has national and international experience advising on such issues as e-Discovery, computer forensics, database development, application software, data analysis, and repository services. Mr. Regard has testified on many significant cases and been engaged as a testifying expert and a court-appointed neutral on issues of e-Discovery throughout his career.
Other significant amendments that could be enacted cover changes intended to advance early case management, limit the scope of discovery, and require proportional discovery. If enacted, the amendments to the FRCP would most likely be seen as the most significant changes to the discovery arena in the last two decades. The approval process has several steps, including through the Supreme Court and Congress. The earliest the amendments could take effect would be December 2015. The preliminary draft of the proposed amendments, in its entirety, can be found here: http://www.uscourts.gov/uscourts/rules/preliminary-draft-proposed-amendments.pdf.
About iDiscovery Solutions
iDiscovery Solutions, Inc. (iDS) is an award-winning, global, legal technology expert services firm. Founded in Washington, D.C. in 2008 by industry veterans with more than 50 years of litigation and consulting experience combined, iDS provides consulting, data analytics, processing and hosting of electronically stored information (ESI), and expert services in the areas of electronic discovery, digital forensics, and enterprise applications. iDS also provides subject matter experts that testify as to how technology works, generally and specifically, within the context of litigation, investigations, and government inquiries. For more information, visit http://www.iDiscoverySolutions.com and follow the company on Twitter @iDiscoveryInc.