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The most recent round of amendments to the Federal Rules of Civil Procedure took effect on December 1, 2015. Heralded by some as indicative of a sea of change in federal practice, and dismissed by others as much ado about nothing, the import of the 2015 amendments is just beginning to manifest itself in real-world case applications. Chief Justice Roberts noted in his 2015 year-end report on the federal court system that “[t]he amendments may not look like a big deal at first glance, but they are.” Whether his assessment is confirmed in practice, however, remains to be seen.
In this program, attorneys Jennifer H. Rearden and Gabriel Herrmann of Gibson, Dunn & Crutcher LLP summarize the key components of the 2015 rule amendments and assess the earliest indications regarding their impact on the conduct of litigation in the federal courts.
I. Understand the import of Rule 1’s “cooperation” amendment
II. Evaluate the scope of 2015’s proportionality amendments and the standards governing proportionality under the amended rules
III. Summarize the recent case-management amendments and consider their practical implications
IV. Review amended Rule 37’s new provisions governing preservation of electronically stored information
V. Identify any early trends in the implementation of the 2015 amendments
Jennifer H. Rearden, a partner resident in Gibson, Dunn & Crutcher's New York office, is a member of Gibson Dunn's Litigation and Crisis Management Practice Groups, and is Co-Chair of Gibson Dunn's Electronic Discovery and Information Law Practice Group. She also serves on Gibson Dunn's Partnership Evaluation, Hiring and Compensation Committees.
Ms. Rearden represents clients in complex business litigation, including securities fraud, hostile M&A, and disputes with states and municipalities, as well as internal investigations. She has argued before multiple federal and state courts and administrative bodies, and has tried cases to judges and juries. Ms. Rearden's practice also frequently includes assisting clients in responding to high-profile events and evaluating legal risk, and counseling clients regarding crisis management planning and effective crisis response. Among the high-profile matters in which Ms. Rearden has been involved was the Cablevision and Madison Square Garden trial-level and appellate litigation challenging and ultimately defeating New York City's sweeping proposal to build a new stadium for the New York Jets on Manhattan's West Side, and the successful defense of Cablevision and the Garden in a $100 million antitrust suit brought by the Jets over their failed stadium bid. She is also part of the Gibson Dunn team that represented Chevron Corporation in its successful effort to block enforcement of a 2003 judgment for $9.2 billion in an environmental case in Ecuador.
Ms. Rearden received her Juris Doctor from New York University School of Law, where she was a member of the Journal of International Law and Politics. She graduated magna cum laude from Yale University with a Bachelor of Arts degree in History. Ms. Rearden serves on the boards of the Yale Club of New York City, Copland House and the NYU Law Alumni Association. She is a member of The Sedona Conference® Working Group 1 on Electronic Document Retention and Production, The Sedona Conference® Working Group 6 on International Electronic Information Management, Discovery and Disclosure, and the New York State Bar Association Committee on Electronic Discovery.
Ms. Rearden is the author of "Subprime-Related Securities Class Actions and Derivative Suits," a chapter in Practicing Law Institute's treatise, Securities Litigation: A Practitioner's Guide, and she frequently publishes and speaks on securities litigation and electronic discovery, as well as other subjects. Ms. Rearden is a member of the bars of the States of New York, Connecticut, and Georgia and of the United States District Courts for the Southern and Eastern Districts of New York and the Northern District of Georgia. She is also a member of the Association of the Bar of the City of New York.
Other significant matters include:
Recent Speaking Engagements
Gabriel Herrmann is an associate in the New York office of Gibson, Dunn & Crutcher and a member of the Firm’s Litigation Practice Group. His practice focuses on complex business litigation and arbitration in areas such as antitrust, insurance and reinsurance, breach of contract, business torts, employment, intellectual property, hostile M&A, and ERISA. He also has significant experience representing clients in matters relating to the operations of New York State and City governmental entities, including both administrative challenges to agency determinations and constitutional challenges to government action and legislation.
Mr. Herrmann earned his Juris Doctor, cum laude, from the Cornell Law School in 2003, where he served as an Article Editor of the Cornell Law Review and published a Note, Discovering Policy Under the Federal Arbitration Act, 88 Cornell L. Rev. 779 (2003). He received a Bachelor of Arts degree from Clark University in 1998.
Mr. Herrmann is admitted to practice in the State of New York and before the United States District Courts for the Southern and Eastern Districts of New York. He is a member of the Association of the Bar of the City of New York, the American Bar Association, and the ABA Section of Antitrust Law.
I took this course because you never know how much you don't know. In this case what I did not know (at least not completely) is where these rules came from and WHY they were written the way they were. This course demonstrates why simply knowing the current wording of these rules is not enough--you need to know their "legislative history" (as it were) as well. For that reason I don't think this course is out of date at all.
Very good program. I enjoyed it very much.
the speakers were outstanding and the material was current and helpful; thank you
Thorough and comprehensive).
Great course; practical and informative.
very in formative
very well presented
Super informative and very well presented. Thank you.
This is one of the few course which, to my mind, actually provides CONTINUING education value.
More colorful commentary. Dry subject so this is difficult.
Good overview of the rule change; particularly helpful on what was considered and not changed
Well done and easy to understand
Don't do much federal practice but this program helped direct me regarding some substantive changes.
Very nicely done. Thank you.
I put off watching this program because I thought it would be boring, but the presenters got me involved. Excellent.
Very useful presentation
Very substantive and meaty. Covered a lot of intensive information thoroughly yet concisely.
They both did an excellent job.
I enjoyed having two presenters clarifying points as they listened to the other's presentation.
Very good presentation of the Federal Rules.
good overview of changes.
Best researched program I've ever seen on lawline.
Outstanding presentation by knowledgeable attorneys.
It was a well organized and informative program considering it is a pretty dry topic.
Excellent job of combining text of changes with Official Comments and case history to show practical effects of changes and remaining issues in implementing proportionality. I also learned about a couple of changes I had been unaware of
Actually was a useful course.
Good job pulling together a lot of material.
So far this was one of the most practical and useful CLE courses I have listened to.
Good and thorough presentation of new FRCP Rules and practical applications.
Good job - a corporate slant, but very informational.
Exactly what I want from CLE.
Excellent presenters and substance!
Very well done.
Very good written materials. Good presentation.
Excellent discussion of Rule 26 and Rule 37, but at the same time, pointing out the unknowns regarding interpretation and enforcement by the District Courts!!!
Great summary of the revisions to the FRCP
Well done, very knowledgeable instruction about the evolution of the amended rules discussed and the themes regarding the changes that have gone into effect.
In many instances the speaker read the material to the audience.
The speakers spoke clearly, and the quality of the recording was excellent.
Well presented course.
Very useful course; written materials helpful.
very helpful thanks