Public Comment Deadlines Approaching for MDL, Privilege Log Rule Proposals
Deadlines are rapidly approaching for participation in the public comment process on two important proposals for FRCP amendments: a new Rule 16.1 for multidistrict litigation, and changes to Rules 16 and 26(f) concerning privilege logs. These comment periods are a critical phase in the development of these rule proposals and present 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 available in the LCJ website document directory under “Rule Proposals” and are also 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 proposed rule amendments on privilege logs are an important step in addressing costly and inefficient logging practices that are taking place in 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 MDL rule are available here and our written comments on the proposed privilege log amendments are available here. The written comments and other relevant filings are also available in the website’s document directory.
Opportunities to Engage
There are two ways for you to engage: (1) write a comment letter and (2) participate in one of the scheduled public hearings. Written comment letters may be submitted anytime between now and February 16, 2024, at this link. The remaining public hearings are being held via video conference will take place on the following dates:
January 16, 2024
February 6, 2024
Requests to testify must be filed at least 30 days in advance of each hearing. Opportunities to testify can be secured by contacting the Secretary of the Committee on Rules of Practice and Procedure by email at RulesCommittee_Secretary@ao.uscourts.gov. Members and allies are urged to share with LCJ their plans for participation.
LCJ Resources
LCJ is hosting briefings to assist members and allies in preparing effective testimony for the hearings, including online sessions:
December 12, 2023
January 10, 2024
If you are interested in participating in one or both of these sessions, 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.