Changes to NY State Court E-Discovery Practice: Cooperation, Proportionality and More

Effective April 11, 2022, the Rules of the Commercial Division have been amended to improve discovery of electronically stored information (ESI). Among other things, the amendments are intended to require attorneys to attempt to reach agreement on various topics related to electronic discovery before a preliminary conference and to require proportionality in ESI-related discovery requests. These amendments will bring the New York rules closed to alignment with the Federal Rules of Civil Procedure, an alignment that will benefit practitioners in both New York and federal courts. Join a distinguished panel to learn the substance of the amendments and how these might be used to control excessive costs and undue delay.