Page 28 - FDCC Flyer Winter 2023

FDCC Pillars
through the commercialization of claims by non-party litigants. LCJ proposals would address the practice by prompting disclosure prior to federal trials and mandating it for appellate proceedings. The LCJ is concurrently supporting efforts to amend federal, local, and state rules. Courts and parties must know who the real parties in interest are and whether there are conflicts of interest impacting the litigation process and the courts themselves.
• With the growth and increasing sophistication of cyber threats, the rules of civil procedure are inadequate for the handling
of confidential data and providing threat protection. When companies are investing extraordinary sums to protect confidential information, litigation-related disclosure is a profound and systemic risk. LCJ is proposing comprehensive
rule proposals which will move the litigation system away
from reliance on inadequate
ad hoc protective orders and provide greater consistency and reliability in the protection of confidential data.
• LCJ is addressing unnecessary and costly class actions through a rule proposal which would broaden the doctrine
of class action “superiority.” Courts would be able to compare non-litigation remedies when determining whether a proposed class action is more efficient at delivering relief.
• LCJ advocates for changes
to discovery cost allocation which will improve the fairness of discovery, focusing the parties on what matters and reducing costly disputes over discovery matters.
• LCJ is working to protect the
ability to file documents under seal. A proposal currently before the Civil Rules Advisory Committee by plaintiffs and their allies would raise the standards so high that parties could not even stipulate to filing under seal, and all sealed information would become public 60 days after case resolution.
Join our effort and help make
a lasting difference in our legal system. We need your help and your company’s participation as we meet with the federal rules committees.
Scott Kreamer is a Past President of the FDCC and a partner at Baker, Sterchi, Cowden & Rice, LLC in Kansas City, Missouri. Scott can be reached at kreamer@bakersterchi.com.
Congratulations to Amy Miletich for
being honored with the DRI’s Louis B. Potter Lifetime Professional Service Award.
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