The Commission’s new e-discovery rules help ensure that parties more tightly focus their e-discovery requests and responses, which is intended to:

• cut costs for parties in section 337 investigations;
• lessen discovery-related burdens for parties;
• reduce the number of discovery-related disputes;
• result in fewer discovery motions before the Administrative Law Judges; and
• enhance the timely resolution of section 337 investigations.

These rule changes preserve the rights of the parties to full and fair discovery of relevant non-privileged information while reining in excessive and burdensome discovery.

The Commission’s rule changes are part of a package of actions it is taking to address e-discovery and case management concerns. Other elements include:

• a pilot case management program;
• development of a USITC model Administrative Protective Order (APO), which includes a source code provision; and
• a metadata provision for recommended incorporation in ALJ ground rules.

For more background, view earlier articles on the Commission’s rule-making process and other e-discovery issues.