PUBLIC COMMENT ON MDL RULE AND PRIVILEGE LOG PROPOSALS NEARS COMPLETION

The public comment process is set to conclude for two important FRCP amendment proposals: a new Rule 16.1 for multidistrict litigation, and changes to Rules 16 and 26(f) concerning privilege logs. The comment period on these rule proposals, set to close on February 16, presents an important opportunity for companies, law firms and individual attorneys to provide their insights and experiences to the Advisory Committee on Civil Rules.

The Rule Proposals

The Advisory Committee on Civil Rules is seeking input about its proposed MDL rule and privilege log rule amendments. This is an important step in the rulemaking process because it provides you a meaningful opportunity to weigh in on these proposals—which will affect litigation for years to come—by sharing your experience, insight, and suggestions for improving the drafts before they become rules. The proposed amendments are located in the LCJ website document directory under “Rule Proposals” and are available here.

LCJ has advocated for MDL rules since 2017 in order to improve balance and predictability in the management of these claims. Problems can occur due to ad hoc practices in the management of MDLs. MDLs now constitute approximately 70% of federal litigation. The proposal creates new Rule of Civil Procedure 16.1 to specifically address multidistrict litigation practices. LCJ’s written comments on the proposed MDL rule are available here.

The proposed rule amendments on privilege logs are an important step in addressing costly and inefficient logging practices that are taking place in federal district courts around the country. The proposal addresses two rules: Rule 16, on pretrial conferences, and Rule 26, on discovery planning conferences. LCJ’s written comments on the proposed privilege log amendments are available here.

Written comments and other relevant filings are also available in the website’s document directory.

Opportunities to Engage

Written comment letters may be submitted to the Advisory Committee on Civil Rules by February 16, 2024, at this link. If you are interested in submitting a written public comment, please contact Executive Director Dan Steen at DSteen@lfcj.com.

Engaging Others

In addition to your own engagement, if you know of other lawyers, law firms, or companies who could add useful insight on these topics, please let LCJ know. For additional information about the proposed rule amendments, the public comment period, written comment letters, or public hearings, please contact LCJ General Counsel Alex Dahl at alex@strategicpolicycounsel.com or Dan Steen at DSteen@lfcj.com.