News & Updates

On December 8, 2011, the U.S. District Court for the District of Delaware adopted a new Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI). This new standard announces the expectation that parties reach cooperative agreements regarding discovery, but applies limited default standards in the absence of such an agreement or court order.

The newly minted Stanford Journal of Complex Litigation launches this Fall. The SJCL will cover topics like aggregate litigation, rules of civil procedure, mass torts, jurisdictional disputes, complex litigation reform, actions by private attorneys…

Federal Circuit Chief Judge Randall Rader, who last year unveiled the Model Order on E-Discovery Cases developed by the Federal Circuit Advisory Council's E-Discovery Committee, recently told a conference of intellectual property lawyers that "more…

In December 2011, Rebecca Love Kourlis testified in a hearing on "The Costs and Burdens of Civil Discovery" before the Subcommittee on the Constitution of the House Judiciary Committee. A full video of the hearing is available on the Committee's website.

A new site devoted to procedural fairness in the courts was recently launched by Judge Kevin Burke, District Judge in the Hennepin County (Minn.) District Court; Judge Steve Leben, Judge, Kansas Court of Appeals; the National Center for State Courts (with researcher David Rottman as its lead blogging participant); and Professor Tom Tyler, of Yale Law School.

New York's Chief Judge Jonathan Lippman has created a task force to identify ways to "better control dockets, manage case flow and make more effective use of non-judicial personnel and alternative dispute resolution within the courts."

In its recent litigation issue, LawWeek Colorado followed up with Gordon “Skip” Netzorg and Rebecca Love Kourlis on the first few weeks of Colorado's new Civil Access Pilot Project. At the request of the Colorado Supreme Court, IAALS is studying the effects of the pilot project.

According to the National Center for State Courts, 42 states cut judicial funding last year. The cash-strapped system is the focus of the ABA Task Force on Preservation of the Justice System and a variety of supporters who seek to reverse the trend.

The House of Delegates gathering at the American Bar Association's Midyear Meeting in New Orleans covered court funding, civics education, attacks on judges who make unpopular decisions, and other challenges in the system and the profession.

This article provides an overview of the Seventh Circuit Electronic Discovery Pilot Program, which IAALS tracks as part of its Rule One Initiative, and discusses the program's potential to have an impact beyond the Seventh Circuit.

The Task Force appointed by the Texas Supreme Court to recommend rules to promote “the prompt, efficient, and cost-effective resolution of civil actions” in response to H.B. 274 was unable to come to an agreement about whether the process should be mandatory for cases under $100,000 or merely voluntary. As a result, the Task Force submitted two separate sets of rules. 

Sofia Adrogué, partner at Looper, Reed & McGraw, and Caroline Baker, a state district judge for more than 14 years, predict that e-discovery will continue to loom large in 2012. With continued reliance on e-discovery forecasted, activity, and debate…

In an article recapping the hearing before a House Judiciary panel on the growing costs of discovery, Eileen Malloy cites Rebecca Love Kourlis' testimony several times

The latest edition of Rule One Review is now available. Rule One Review is a quarterly newsletter that shares information about pilot projects and other civil rules projects being monitored by the Rule One Initiative. Sign up for Rule One Review and…

The National Law Journal has compiled a special report of articles focused on costs of e-discovery, including this piece featuring IAALS' executive director Rebecca Love Kourlis.

The approved Pilot Project Regarding Case Management Techniques for Complex Civil Cases took effect in the Southern District of New York on November 1, 2011, and will be in place for an eighteen-month trial period. This article provides background on the project and explores its provisions.

In its celebration of 2011 "Lawyers of the Year," LawWeek Colorado named Denver District Court Judge Ann Frick and Sherman & Howard lawyer Skip Netzorg for their roles in creating the rules for the Civil Access Pilot Project.

The article (subscription required) reviews the Model Order on E-Discovery in Patent Cases and commends the work of the Federal Circuit Advisory Council's E-Discovery Committee and Judge Randall Rader, who unveiled the order at the Eastern District…

On January 1, 2012, Colorado launched its “Civil Access Pilot Project Applicable to Business Actions in District Court.” Five Denver metro-area courts will use new rules of civil procedure in certain types of cases for a period of two years, in an effort to better serve the needs of litigants. The rules are intended to address the problems of pretrial cost and delay in an even-handed way.

Author Henry Kelston reviews the December 13 hearing on "The Costs and Burdens of Civil Discovery" convened by the House Judiciary Subcommittee on the Constitution. IAALS Executive Director Rebecca Love Kourlis testified in the hearing.