By this time next year, we may be on the cusp of another major set of amendments to the discovery provisions of the Federal Rules of Civil Procedure. The United States Courts' Advisory Committee on Civil Rules voted last week to send a slate of proposed amendments up the rulemaking chain, to its Standing Committee on Rules of Practice and Procedure, with a recommendation that the proposals be approved for publication and public comment later this year.
The most significant — and controversial...
WASHINGTON, D.C. — Today, U.S. Rep. Hank Johnson (D-GA) announced the re-introduction of legislation that would restore consumers’ rights to seek justice through the courts. The Arbitration Fairness Act (H.R. 1844) would eliminate forced arbitration clauses in employment, consumer, and civil rights cases, and would allow consumers and workers to choose arbitration after a dispute occurred.
“Forced arbitration clauses undermine our indelible Constitutional right to take our disputes to court,”...
The managing partner of a law firm called me and asked my opinion of how his firm’s blog was doing. This struck me as an odd question. After all, wouldn’t he know this better than I? So I put the question back to him.
“How do you think your blog is doing?” I asked.
“I have no idea,” he answered.
“Well, how has the traffic been?” I asked.
“I have no idea,” he answered.
“Has it generated any contacts?” I asked.
“I don’t know,” he answered.
“Are you getting...
The past 20 years have transformed business litigation. We have witnessed a perfect storm of expanding legal issues, contracting budgets, and clogging dockets. The deluge of discovery issues involving digital devices and social media threatens to overwhelm the system. Attorneys and the courts have been asked to do more with less, and they have struggled to keep up. Reactive adjustments to these challenges have come in fits and starts, including rule changes, court experiments, and various pilot projects....