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 is a Partner in LOSEY PLLC. The law firm was founded by his son and daughter-in-law, Adam and Cat Losey, and can be found at Losey.law. Ralph has over forty years of experience representing companies and individuals in information technology issues, including contracts and business advice. Ralph also has substantial experience in civil litigation, including commercial, intellectual property, employment and insurance. His litigation sub-specialty in these areas is fraud, primarily defense oriented, but he also initiated for the plaintiff, on behalf of the United States, several government fraud Qui Tam cases. One resulted in the largest False Claims Act settlement in history. For the past ten years Ralph has focused on a new area of the law that he has become passionate about, artificial intelligence, especially its use to find evidence and its ethical implications.

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