Duke University hosted the 2010 Civil Litigation Conference today in person and amazingly, live streamed.
Both video and audio were available and good, opening up the rule making process in an unprecedented way. There was frank and lively discussion. It was a demonstration why public trials are important to model behavior when ideas are contested and passions high.
The participants had clearly done their homework as they quoted liberally from each other’s submitted papers to agree with some and disagree with other points. I say point rather than argument, as conference encouraged interaction.
Day 2 of the conference will also be live streamed. At the risk of degrading the feed, here is the link. You will need to download RealPlayer for it to work. I will attempt to live tweet again at @mackmary. @PBrianSee also live tweeted today. Search #discovery #duke for the feed.
I’ll be getting up early to hear Judges Scheindlin and Facciola and my friend Tom Allman and their panel on whether the 2006 amendments are working. A rule change around preservation proportionality will be proposed.
Link to live stream of Duke Conference (active only during sessions): http://ow.ly/1Jfyt.
Official materials for Duke FRCP meeting: http://ow.ly/1IqxH
Agenda only here: http://ow.ly/1JiE2
Tuesday, May 11, 2010:
8:30-9:45 E-Discovery: Discussion of the Cost Benefit Analysis of
E-Discovery and the Degree to Which the New Rules
are Working or Not
Moderator: Greg Joseph (Joseph, New York)
Participants: Judge Shira Scheindlin (S.D. NY), Magistrate Judge
John Facciola (D. D.C.), John Barkett (Shook Hardy, Florida), Thomas
Allman (retired GC of BASF), Joseph Garrison (Garrison, Connecticut),
Dan Willoughby, Jr. (King & Spalding, Georgia)
9:45-10:30 Settlement: Is the Litigation Process Structured for
Settlement Rather than Trial and Should it Be? Should the
Answers Depend on the Complexity of the Case Including
Whether the Action is a Class Action?
Moderator: Judge Brock Hornby (D. ME)
Participants: Judge Paul Friedman (D. DC), Prof. Richard Nagareda
(Vanderbilt), Prof. Robert Bone (Texas), James Batson (Liddle, New
York), Loren Kieve (Kieve, California), Peter Keisler (Sidley Austin)
10:45-11:45 Perspectives from the Users of the System: Corporate
General Counsel, Outside Lawyers, Public and Governmental
Moderator: Judge Koeltl
Participants: Alan Morrison (AU), Amy Schulman (Pfizer), Thomas
Gottschalk (Kirkland & Ellis, DC), Ariana Tadler (Milberg, New York),
Anthony West (DOJ, Civil Division), Joseph Sellers (Cohen, DC)
11:45-1:00 Perspectives from the States: Different Solutions for Common
Problems and their Relative Effectiveness – This Panel Should
Also Consider the Results of Any Pilot Programs by the IAALS
Moderator: Justice Andrew Hurwitz (Arizona)
Participants: Judge Kourlis, Paula Hannaford-Agar (National Conf.
for State Courts), Prof. Seymour Moskowitz (Valparaiso), William
Maledon (Osborn, Arizona), Judge Henry Kantor (Oregon)
1:30-2:00 Speaker: Chief Judge Holderman (N.D. IL)
2:00-3:15 The Bar Association Proposals: ACTL, ABA Litigation Section,
NYCBA, AAJ, LCJ, DRI
Moderator: Lorna Schofield
Participants: Lorna Schofield, David Beck (ACTL), Wendy Schwartz
(NYCBA), Bruce Parker (DRI, LCJ), John Vail (AAJ)
3:15-4:30 Observations from Those Involved in the Rule Making
Process Over the Years
Moderator: Dean Levi (Duke)
Participants: Judge Scirica (3rd Circuit), Judge Higginbotham, Prof.
Paul Carrington (Duke), Prof. Dan Coquillette (Harvard/Boston
College), Prof. Arthur Miller (NYU)
4:30-5:00 Summary and Conclusions: Judge Rosenthal, Judge Kravitz,
Prof. Edward Cooper (Michigan), and Prof. Rick Marcus (Hastings)