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What You Need to Know About the New FRCP Amendments: Discovery, E-Discovery; Proportionality, Preservation and Sanctions

Total Credits
1.5 - 2
CDs/DVDs Only
This course is only available in CD/DVD format.
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The amended Federal Rules of Civil Procedure went into effect on December 1, 2015. The new Rules stand to have a profound effect on federal practice, especially practices surrounding discovery and electronic discovery.

This program will detail the changes to the Federal Rules, with special emphasis on discovery practices. The panel will discuss the potential impact of revisions to the scope and timing of discovery, and the manner of objections; the enhanced role of proportionality and cooperation; and the specifics of spoliation of electronically stored information and the associated sanctions.

Lecturer Bios

Thomas C. Gricks III, Esq.

Thomas C. Gricks III is a prominent e-discovery lawyer and one of the nation's leading authorities on the use of technology assisted review (TAR) in litigation. He is managing director of professional services at Catalyst where he focuses on advising corporations and law firms on best practices for applying Catalyst's TAR technology, Insight Predict, to reduce the time and cost of discovery. He spent more than 25 years as a trial lawyer and in-house counsel, most recently with the law firm Schnader Harrison Segal & Lewis, where he was a partner and chair of the e-Discovery Practice Group. At Schnader, Mr. Gricks counseled clients on a range of e-discovery issues, particularly issues involving TAR and predictive coding. Mr. Gricks was lead e-discovery counsel in Global Aerospace v. Landow Aviation, the first case in the country to authorize the use of TAR over the objection of opposing counsel. As such, Mr. Gricks successfully implemented TAR for a collection of more than 1.3 million documents. His work on that case was highlighted in a 2013 Wall Street Journal article, "How a Computer Did the Work of Many Lawyers." Mr. Gricks' own 2013 article, "The Implications of Rule 26(g) on the Use of Technology-Assisted Review," written with Karl Schieneman for The Federal Courts Law Review, is highly cited for its straightforward explanation of both the legal and technical underpinnings of TAR and its applications in litigation and discovery. Mr. Gricks is a member of the Sedona Conference Working Group 1 on Best Practices for Electronic Document Retention and Production and the Working Group 6 on International Electronic Information Management, Discovery and Disclosure. He has been designated as an ediscovery special master for the U.S. District Court for the Western District of Pennsylvania. Mr. Gricks is a 1987 graduate of Duquesne University School of Law. He received a bachelor's degree in chemical engineering from Carnegie Mellon University in 1981.

Josh Kay

Josh Kay is eDiscovery Project Manager at Proskauer Rose LLP. Previously he was Litigation Support Coordinator at Wilmer-Hale, a Project Manager at Eqiq Systems and a Staff Attorney at Andrascik & Tita LLC. He received a BS in Bioengineering from The State University of New York at Binghamton and a JD from Villanova University School of Law. He also is certified as a Relativity Assist Review Specialist.

Hon. John Koeltl

Judge John Koeltl was appointed United States District Judge for the Southern District of New York on August 11, 1994 and entered on duty on September 9, 1994. He graduated from Georgetown University with an A.B. degree summa cum laude in 1967 and received a J.D. degree magna cum laude for Harvard Law School in 1971, where he was an editor of the Harvard Law Review. From 1971 to 1972, Judge Koeltl was a law clerk to the Hon. Edward Weinfeld United States District Judge, Southern District of New York and from 1972 to 1973 he was a law clerk to Hon. Potter Stewart, United States Supreme Court. He served as an Assistant Special Prosecutor, Watergate Special Prosecution Force, Department of Justice from 1973 to 1974. In February 1975 he became an Associate with Debevoise & Plimpton until January 1979 when he became a partner with the firm. He remained at Debevoise & Plimpton until his appointment to the bench in 1994.

Jeffrey A. N. Kopczynski, Esq.

Jeffrey Kopczynski is a counsel in O'Melveny's New York office, and a member of the eDiscovery practice. He focuses on complex-business litigation, securities lawsuits, antitrust investigations and litigation, and eDiscovery litigation and advice. Jeffrey has experience in a variety of forums, including multi-district litigation proceedings, regulatory investigations, federal and state court proceedings, and international arbitrations.

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