In-house Bar Files Comment Letter Aimed to Reduce the Excessive Costs and Burdens of FRCP Discovery Rules

Posted: Feb 19, 2014

WASHINGTON (February 19, 2014) — The Association of Corporate Counsel (ACC), a global bar association representing more than 33,000 in-house counsel in 85 countries, filed comments recently with the Advisory Committee on Civil Rules supporting proposed amendments to limit the scope of the Federal Rules of Civil Procedures (FRCP) discovery rules.

In its letter, ACC states that the proposed changes are "an important step towards reducing the exorbitant cost, undue delay and unseemly gamesmanship associated with federal court litigation today." ACC further argues that "the excessive costs and burdens of discovery rules" have a "disparate impact on corporations" whether they act as plaintiffs or defendants. As a result, many companies settle cases before considering their merit in order to avoid federal court discovery requirements that have "spiraled out of control."

Specifically, among other portions of the Rules, ACC supports proposed Rule 37(e)(1), which would provide a uniform standard across the United States for all discoverable information. ACC argues that the change would significantly reduce the expenses and burdens of over-preservation. Despite overall support for the suggested modifications, ACC also urges the Advisory Committee to expand proposed changes related to sanctions for information loss. "It is very important for in-house counsel to be able to make decisions about preservation without the standard being perfection," the comments state.

The Advisory Committee will likely issue a decision in the next six months. To read the ACC comment letter, visit


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ACC Sends Condolences in Wake of Paris Tragedy

On behalf of the Association of Corporate Counsel (ACC), board of directors, staff and entire ACC community, our heartfelt sympathies go out to the victims and families of the tragic events in Paris.

Paris is the home of many of our chapter leaders, members, country representatives, sponsors and the in-house community at large. We share in the grief and sadness of those that have lost loved ones or suffered physically or emotionally.

At this time we are not aware of anyone from the ACC network of families and friends that have been injured or lost. Our hearts go out to our colleagues and friends and family of loved ones in Paris. We pray for your safety and security.

– Veta T. Richardson, ACC President & CEO Continue