First of its kind research highlights consequences of federal rule changes for corporate
legal teams and litigators
San Francisco – Logikcull, the leading provider of cloud-based discovery software, has
published a new report identifying dramatic changes in the application of legal sanctions
in the three years since the promulgation of highly publicized amendments to federal
procedural rules. The report surveys hundreds of federal cases, representing the first
attempt to measure the impact of rule changes on corporate litigants in terms of costs
and risks incurred. It is a must-read for general counsels, chief legal officers and others
responsible for reigning in litigation spend amid soaring data volumes and mounting
pressure from the C-suite to curb costs associated with law firms and third-party
vendors.
You can download the report here
Logikcull’s research looks closely at the judicial application of evidentiary sanctions, and
how a relatively few high-profile cases have created a culture of fear around the process
of discovery. Rule changes, however, have precipitated a steep decline in sanctions
and, the report contends, created opportunities for corporate legal teams to insource
discovery without fear of incurring risk. Traditionally, discovery-related work, which by
some estimates accounts for up to 75% of all corporate legal fees, has been outsourced
to high-priced vendors and law firms to reduce the risk associated with performing those
complex tasks internally. But those concerns, some contend, are largely overblown —
especially as easy-to-use discovery tools become more widely available and as the rate
of sanctions for performing discovery incorrectly continues to drop.
In commenting on the report, retired federal judge John Facciola, who has authored
some of the most influential discovery-related rulings, said, “Excellent insight. I always
found that the fear of sanctions was an unreasonable motive that drove [discovery
practices] that were self defeating.”
Judge James Francis, also a former federal judge and expert in discovery law, added,
“Too often, judicial policy is based on what is, at best, ‘anecdata.’ Solid empirical
research like this is too rare, and often gets drowned out by the special interest
lobbying.”
The report is available for download at logikcull.com/sanctions
About Logikcull
Logikcull provides Instant Discovery for modern legal teams, including those within
Fortune 500 companies. Corporate legal departments use its cloud-based solution to
save time and money by bringing discovery in-house. Recently, Logikcull was named
the top performer in G2Crowd’s first ever eDiscovery Software Momentum report. To
learn more, visit Logikcull.com or sign up for a free account.
Press Contact
Robert Hilson
Sr. Director, Logikcull.com
[email protected]
