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April 12, 2008

Cal Judicial Council Proposes New EDD Rules

The California Bar Journal reports that the state's Judicial Council is proposing new EDD statutes and rules. Reporter Nancy McCarthy says the proposals have drawn about 50 comments so far, and the council's Civil and Small Claims Advisory Committee will likely revised the proposals after the comments are evaluated.

The proposed rules are here. Observers suggest that they mirror the 2006-amended FRCP rules, and probably won't be controversial, McCarthy notes.

But Rick Seabolt, a partner with Duane Morris in San Francisco, did raise concerns about inadvertant production of privileged requirements, and safe harbor provisions, the story notes. Other lawyers have raised issues about production of inaccessible data; and worries about the potential for mass requests for protective orders.

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