Welcome to Module 3-A.

Lectures by Professor Steven Gensler and Judge John Facciola on e-Discovery and the Federal Rules of Civil Procedure.

Steven S. Gensler is a Professor of Law at the University of Oklahoma and author of Federal Rules of Civil Procedure: Rules and Commentary (West). He is one of the country’s foremost scholars on the Federal Rules of Civil Procedure, especially on the relationship of the rules and electronic discovery. He is also a member of the influential Federal Rules Committee that studies all proposals for amendments to the rules and ultimately makes recommendations to Congress and the Supreme Court.

This video is from an Academic Symposium that Professor Gensler did with Professor Losey at Northern Illinois University School of Law with Judge John Facciola and Jason Baron in 2010. This was an ethics symposium on electronic discovery. Here Professor Genlser provides a ninety year overview of the rules and the impact of this history on the current movement towards cooperative discovery.

Judge John Facciola (shown right) spoke immediately after Professor Gensler at the NIU event. This video of his talk will give you a good idea of how the federal judiciary are reacting to the new rules and adopting a more hands-on managerial approach to e-discovery. Judge Facciola is well known to the bench and Bar as one of the leading experts in the world on this subject.

 

Judge John Facciola spoke immediately after Professor Gensler at the NIU event. This video of his talk will give you a good idea of how the federal judiciary are reacting to the new rules and adopting a more hands-on managerial approach to e-discovery. Judge Facciola is well known to the bench and Bar as one of the leading experts in the world on this subject.

SUPPLEMENTAL READING: Read the December 2006 Rule Amendments and Commentaries. Consider which rule you find most perplexing and why, or if you are not perplexed about any of these, then the most interesting and why.

NON-MANDATORY READING. For still more reading, read a few of the hundreds of articles written on the 2006 rules of e-discovery. Do you see any inconsistencies between the articles? .

EXERCISE: Study the 2015 revisions. Which of the revisions was suggested by Ralph Losey? How do you think the 2015 revision have impacted the discovery process. Why do you think some people argue none of these rule revisions, 2006 and 2015, make any difference?

Students are invited to leave a public comment below. Insights that might help other students are especially welcome. Let’s collaborate!

Copyright Ralph Losey 2015

Ralph Losey is a practicing attorney who specializes in electronic discovery law. He is a principal in a U.S. law firm with over 50 offices & 800 lawyers where he supervises electronic discovery work and litigation support. Ralph has written over two million words on law and technology, including six books on electronic discovery. His latest books are "E-Discovery for Everyone" (ABA 2017) and "Perspectives on Predictive Coding" (ABA 2017) (ed. & contributor). His blog is widely read in the industry: "e-DiscoveryTeam.com." Ralph is the founder and principal author of "Electronic Discovery Best Practices" and "e-Discovery Team Training," a free online course covering all aspects of e-discovery. Ralph's sub-speciality is the search and review of electronic evidence using multimodal methods, including artificial intelligence. He also has a free online training program to teach these advanced methods - the "TAR Course." Ralph has devoted a month of his time each year since 2013 to research and test various AI-enhanced document review methods. In 2015 and 2016 Ralph and his Team participated in the TREC Total Recall Track experiments sponsored by the National Institute of Standards and Technology. Ralph has been involved with computers and the law since 1978. His full biography is found at RalphLosey.com. Ralph is the proud father of two children, Eva M. Losey and Adam Colby Losey, a high-tech lawyer married to another e-discovery lawyer, Cat Jackson Losey, and, best of all, Ralph has been married since 1973 to Molly Friedman Losey, a mental health counselor and life-long friend.

One Comment on “Sec. 3 – Mod. A

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