Sedona Conference Highlights Proposed FRCP Rule Changes

Chad McManamy, an assistant general counsel at Guidance Software Inc., summed up the eighth annual Sedona Conference Insititute program on “eDiscovery in a New Era: New Technologies, New Media, New Rules” in a post on his company’s blog.

McManamy said the institute’s focus drew fine points on specific issues, with case law discussions continuing to refer back to items such as the historic Zubulake v. USB Warburg, which led to a groundbreaking series of opinions on e-discovery from U.S. District Judge Shira Scheindlin prior to the 2006 amendments to the Federal Rules of Civil Procedure.

McManamy said one of the “hot-topic” issues related to the proposed changes to FRCP Rule 37(e), which will help organizations lower preservation costs since “only knowing or willful destruction of ESI [electronically stored information] would be penalized.”

Although technology-assisted review may be on the increase, McManamy says it doesn’t appear to be making it to the courts often enough for decisions as to whether the methodology is judicially acceptable.

McManamy said the consensus seems to be there’s no one-size-fits-all approach to e-discovery, noting that Guidance Software customers need to bring e-discovery in-house when they have to respond to more than one big case a year.

The program occurred on March 13 at the Hilton Americas-Houston.

Sherry Karabin is a freelance writer and reporter based in New York City. Email: