Long in the making discovery amendments to the Federal Rules of Civil Procedure took effect in December, but the impact they will ultimately have remains to be seen. Early signs indicate that at least some courts are pumping the breaks on harsh sanctions in accordance with revisions to the federal spoliation rule. Other outcomes are less clear, including what is to become of the elephant in the room — the data problem.
According to the global technology company Computer Sciences Corporation, data production will be 44 times greater in 2020 than it was in 2009. In that context, the rule changes by themselves appear to be the proverbial chewing gum in the cracks of the leaky dam.
Is that the case? And if so, what else must be done to check litigation costs amid the data explosion? We ask US Judge David Campbell, who chaired the committee responsible for writing the amendments, and whose guess is as good as any.
(Skip ahead to about 18:30 for the real good stuff.)
To learn more about the new rules impact malpractice and sanctions, check out the Logikcull webinar below.