Fall Meeting Highlights Include Civil Rules Advisory Committee Conversation

U.S. District Court Judge Robin Rosenberg, Chair of the Advisory Committee on Civil Rules, together with her committee colleagues, U.S. District Court Judge M. Hannah Lauck, and U.S. District Court Magistrate Judge Jennifer Boal, joined LCJ members for a conversation on LCJ’s proposal for new privacy protection and cyber security rules at LCJ’s Fall membership meeting. LCJ members shared their views on the need for proactive rules to address the quagmire of issues arising from the need to balance the obligation to protect private and propriety information with the needs of individual cases. The privacy and cyber conversation was the culmination of an engaging meeting in New York City.

Elizabeth Forminard, Executive Vice President and Chief Legal Officer at Johnson & Johnson, who is on the forefront of issues impacting civil litigation in the U.S., shared an inspirational presentation on real world implications of litigation inefficiency and unfairness and highlighted the impact of the important work done by LCJ and our members to improve the civil litigation system.

Katie Phang, host of MSNBC's Katie Phang Show and a legal commentator for NBC, provided a behind the scenes look at how legal issues are perceived and addressed by the media. She engaged in a constructive discussion of the impact of advertising and media savvy tactics by the plaintiffs’ bar.

The crisis of public trust in the judicial system was front and center. Retired U.S. Court of Appeals Judge Thomas Griffith and ALI President and former U.S. District Court Judge David Levi held an engaging conversation with members on the causes of the decline in public confidence in the civil litigation system and measures the bench and bar should take to address it.

A range of cutting-edge topics were explored at the meeting: the growing impact of reinvention and expansion of nuisance law; the need for TPLF disclosure and the questions judges can use to bring it into the open; battlefield strategies for winning rules interpretations in the courtroom; changes in DEI litigation following the Supreme Court’s affirmative action decisions last summer; and rising concerns about privacy and cyber security threats in litigation.

LCJ President John Kuppens led attendees in a celebratory toast to newly amended FRE Rule 702 and acknowledged the efforts of LCJ members who doggedly advocated for the improvement of federal admissibility standards for expert evidence. LCJ’s annual Outstanding Contributor Awards were announced by LCJ General Counsel Alex Dahl.

Meeting co-chairs Aviva Wein (J&J) and Michael Imbroscio (Covington & Burling LLP), welcomed attendees representing 28 companies and 50 law firms. The meeting enjoyed record attendance and was sold out weeks in advance. The LCJ's Spring membership meeting will be held in Washington D.C. May 1-3, 2024. Members are encouraged to mark their calendars and plan to register early for the DC meeting.

Selected photos from the Fall meeting can be found here.