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In an earlier article, I reviewed the comments on the proposed amendments to the Federal Rules of Civil Procedure that were submitted by the New York State Bar Association’s Commercial and Federal Litigation Section. With the comment period for the proposed amendments coming to a close, let’s take a bird’s eye view at the hundreds of comments to see what people interested in the issues are saying. The proposed amendments address a variety of procedural mechanisms, but the comments all come down to one divisive issue — the impact of electronic discovery and what to do about it. While some of the positions taken may be fairly predictable given their proponents, some very interesting facts have been reported that may be surprising, horrifying or educational depending on your point of view.

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