Significant amendments to the Federal Rules of Civil Procedure took effect in 2015. While they were dismissed by some, Chief Justice Roberts notably observed 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.”
In this program, attorneys Jennifer H. Rearden, Gabriel Herrmann, and Justine Goeke of Gibson, Dunn & Crutcher LLP summarize the key components and effects of the 2015 rule amendments, and survey the case law that has developed since their enactment to assess whether Chief Justice Roberts’ observation has been confirmed in practice by the lower courts. They also briefly summarize the further rule amendments that have been enacted since 2015, as well as a pending rule change for Rule 30 that may be approved next year.
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.
Justine Goeke is an associate in the New York office of Gibson, Dunn & Crutcher. She is a member of the Firm’s Litigation Department, as well as the Appellate and Constitutional Law Practice Group, the Administrative Law and Regulatory Practice Group, the Securities Litigation Practice Group, and the White Collar Defense and Investigations Practice Group.
Ms. Goeke served as a law clerk to the Honorable Ann M. Donnelly in the United States District Court for the Eastern District of New York and as a law clerk to the Honorable D. Brock Hornby in the United States District Court for the District of Maine. Prior to clerking, Ms. Goeke practiced with the firm Quinn Emanuel Urquhart & Sullivan.
Ms. Goeke received her Juris Doctor from Harvard Law School in 2013, where she was both a student attorney and the Secretary-Treasurer for the Harvard Legal Aid Bureau. Ms. Goeke received her Bachelor of Arts, magna cum laude, from St. Olaf College.
Ms. Goeke 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.
Good discussion. Useful cites
Thorough review of FRCP updates
Very useful information. I took 4 pages of notes. Some of the historical background of the Rules was a bit much.
Pretty good course.
Valuable, and well presented.
Useful, well-presented course
Good update and refresher
The presenters did a great job explaining the new provisions.
The Presenters were each very well prepared . The slides relevant to each change made by the Advisory Committee were well- crafted to facilitate learning.
I enjoyed having multiple presenters. It helped in my opinion.
Liked the collaboration and join presentation.
Very useful course.