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Litigation Readiness

By Prashant Dubey

With the amendments to the Federal Rules of Civil Procedure (FRCP), precedent-setting adverse sanctions against some of the largest corporations and growing regulatory requirements, the need to become 'litigation ready' has been like a large snowball, gaining mass and momentum. The indisputable need to become litigation ready has arrived, and the snowball continues to get bigger and faster as it heads down the mountain.

With the FRCP amendments, Dec. 1 has come and gone and guess what? Nothing has exploded. Since the amendments were billed as the legal industry's Y2K, all the lather and lament was almost anti-climatic. Does that mean that the amendments to the rules governing discovery are meaningless? Not at all. It simply means that Dec. 1 was an initial deadline for anxieties to manifest in real pain. The pragmatic implications of the amended FRCP are that courts and litigants will START to implement portions of the guidelines in new matters that arise and in current matters that have not yet encountered discovery.

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