MAY 1 - MAY 3, 2024

The St. Regis Hotel

Washington, D.C.

Current and emerging rule developments were the focus of LCJ’s recent Spring Meeting in Washington, DC. A capacity crowd of LCJ members and guests discussed active rule topics, including changes to cross-border discovery rules, federal implementation and state adoption of amended Federal Rule of Evidence 702 on expert witnesses, and anticipated action by the Committee on Rules of Practice and Procedure (the Standing Committee) on the new MDL rule and privilege log amendments.

Judge Manish Shah, who chairs the Cross-Border Discovery Subcommittee of the Advisory Committee on Civil Rules, and Professor Andrew Bradt, who serves as reporter to the Subcommittee, participated in a discussion about a potential FRCP amendment on cross-border discovery proposed by Judge Michael Baylson and Professor Steven Gensler. The panel included a lively open-mic session moderated by GSK Assistant General Counsel Kelly Clay, during which LCJ members emphasized the need for the Advisory Committee to address privacy and related cyber security risks more broadly as it considers any rulemaking on cross-border discovery.

The impact of amended Rule 702 on the admissibility of expert evidence in federal courts, as well as the progress in securing state adoptions of similar amendments, were highlighted in presentations by Lee Mickus, Eric Lasker and Jim McCrystal. Numerous federal court decisions are showing the corrective impact of the FRE 702 amendment, and the panel discussed strategies to ensure courts correctly apply the rule. On the state front, Arizona and Michigan have already adopted the rule and Ohio and Louisiana appear set to follow.

Newly proposed FRCP Rule 16.1, which would clarify that the Federal Rules of Civil Procedure, including the pleading standards, apply to multidistrict litigation, has been recommended by the Advisory Committee on Civil Rules and is due to be taken up by the Standing Committee on June 4, as discussed by LCJ General Counsel Alex Dahl. The proposed rule will provide litigators with new tools for persuading judges to address unsubstantiated and unvetted MDL claims early in MDL proceedings.

Privilege log reforms set to be approved by the Standing Committee in June were also a key topic. The FRCP amendments should provide increased flexibility in privilege logging and help reduce unnecessary document-by-document logging. LCJ’s Discovery Committee has led efforts to secure adoption of logging reforms.

Emerging litigation issues and the impact of rule developments were the focus remarks by a terrific lineup of corporate litigation leaders, including Walmart Chief Legal Officer Rachel Brand, General Motors Assistant General Counsel Jeff Koppy, Novo Nordisk Managing Assistant General Amer Pharaon, and Microsoft Deputy General Counsel Cynthia Randall.

Former CIA Acting Director Michael Morell addressed strategic risk issues and how member companies and firms could address them. NBC News pollster Bill McInturff looked at polling trends and how public attitudes should inform trial practice and impact delivery of litigation messaging

LCJ’s Spring Meeting, led by John Guttmann of Beveridge & Diamond, and John Parker Sweeney of Bradley Arant Boult Cummings, saw record attendance and achieved sold out status well before the registration deadline.