As announced in today’s edition of the Federal Register, the International Trade Commission has proposed to amend its Rules of Practice and Procedure to address “concerns that have arisen about the scope of discovery in Commission proceedings under section 337 of the Tarrif Act of 1930 (19 U.S.C. 1337) (“section 337”).” “The intended effect of the proposed amendments is to reduce expensive, inefficient, unjustified, or unnecessary discovery practices in agency proceedings while preserving the opportunity for fair and efficient discovery for all parties.” To that end, the proposed amendments address issues including the discovery of inaccessible information and limitations to discovery similar to those currently contemplated in Fed. R. Civ. P. 26(b)(2)(C). The proposed amendments also seek to add new provisions addressing privileged information and work product, including by requiring the production of privilege logs and by providing procedures for addressing the inadvertent production of privileged materials.
For more information on the proposed amendments, click here to be taken to today’s edition of the Federal Register. Please note too, the Commission invites public comment on its proposals due no later than 5:15 PM on December 4, 2012.