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Selected Current and Recently Completed Research Projects

Listed below are selected current and recently completed studies by the Center’s Research Division. For a more complete list of Center research publications, click on Reports and Studies.

Alternative Dispute Resolution in the Federal District Courts

This project is being conducted to update the ADR profiles of the district courts that were contained in a Center report on ADR published in 1996.

Bankruptcy Court Practices Regarding Applications for Administrative Costs

This project surveyed bankruptcy clerks and a sample of attorneys about local practices and perceptions regarding applications for the payment of administrative expenses in bankruptcy proceedings.

Best Practices for Trade Secret Seizures Under The Defend Trade Secrets Act of 2016

Under the Defend Trade Secrets Act of 2016 (DTSA) the owner of a misappropriated trade secret can request a federal court to order a seizure of property to prevent the propagation or dissemination of the trade secret. The DTSA requires the Center to develop best practices regarding this type of seizure. 

Case Management of Chapter 9 Municipal Bankruptcy Litigation

This project examined case management and other issues that arise in Chapter 9 municipal bankruptcies, as well as their implications for judicial and other court resources. The goal is to develop Chapter 9 case management guidance for the courts.

Discovery Protocols for Employment Discrimination Cases

This project evaluated the pattern discovery protocols for employment adverse action cases developed by a committee of plaintiff and defense attorneys.

Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: Assistance in Response to a Congressional Mandate

The Center worked with a working group convened by the Administrative Office of the United States Courts to produce Congressionally-mandated reports on the insolvency of certain financial institutions and to develop a database of information about bankruptcy cases involving large financial institutions as debtors.

Guide for Judges on Litigation Financing

This project will develop a guide on third-party litigation financing, focusing on equity financing as opposed to debt financing of litigation.

Inappropriate Use of Social Media by Jurors and Attorneys

The Center conducted two different surveys to gage the perception of judges and attorneys regarding the frequency of inappropriate use of social media by jurors during trials and deliberations and use of social media by attorneys to conduct research on potential jurors during jury selection procedures. 

Managing Multidistrict Litigation in Products Liability Cases: A Pocket Guide for Transferee Judges

This project produced a pocket guide for MDL transferee judges.

National Securities Case Studies: Special Case-Management Challenges

This ongoing project aims to document methods federal judges have employed to meet the challenges of managing cases involving national security.  In addition to the case studies, this project has generated other important resources for judges, including the Center’s Keeping Government Secrets: A Pocket Guide on State-Secrets Privilege, the Classified Information Procedures Act, and Classified Information Security Officers, Second Edition first published in 2007.

Non-aggregated Litigation Following Multidistrict Litigation Panel Denial of Motion to Centralize

Comprehensive study of a sample of non-centralized cases in which motions to centralize were denied by the MDL Panel. 

Patent Pilot Program-Mandated 10-Year Study

This is a ten-year pilot study of patent case assignments in 13 pilot courts in response to Pub. L. No. 111-349. The five year mid-pilot report was issued by the Center in 2016. 

Pocket Guide for Judges on Electronic Discovery

The Center updated its Managing Discovery of Electronic Information: A Pocket Guide for Judges which was first published in 2007.

Pocket Guide on State-Federal Judicial Councils

As a follow-up to the Manual for Cooperation Between State and Federal Courts published in 1997 by the Center and the National Center for State Courts, the Center published a pocket guide on how to form state-federal judicial councils.

Pocket Guide on Technology-Assisted Review

This project produced a short guide for judges about the use of technology-assisted review in discovery.

Resources to Assist Judges with Managing Complex Litigation

Building on the Center's Manual for Complex Litigation, 4th Edition, this multi-year project aims to update and transform the manual into an online resource for judges who have been assigned complex cases.

Review of Scientific Literature on Two Exceptions to the Hearsay Rule

Project reviewed the scientific literature regarding the reliability of the present sense impression and the excited utterance hearsay evidence.

Studies of Recent Judicial Conference-Authorized Civil Rules Pilots

The Center is working closely with the Committee on the Federal Rules of Practice and Procedure and its Advisory Committee on the Rules of Civil Procedure to evaluate the experiences of the courts in two pilot projects: the three year mandatory initial disclosure pilot, and the expedited procedures pilot. In these projects volunteer courts adopt specific procedures and practices intended to expedite discovery and to reduce cost and delay.

Study of ADR Programs in Eight District Courts

This is a multi-year study of ADR (alternative dispute resolution) programs in eight federal district courts aimed at identifying the costs and benefits, as well as some of the impact of ADR procedures in the study courts.

Study of Multidistrict Litigation with Multiple or Overlapping Class Actions

This study examined a sample of multidistrict litigation cases that had multiple class actions to develop descriptive case management information about the issues and challenges that often arise in such cases.

Study of Remand Motions Filed in Federal Courts

This study focused on a range of issues related to diversity of citizenship jurisdiction raised in motions for remand in removal cases. 

Survey of Federal-State Court Cooperation

This survey was conducted to identify cooperative efforts by federal and state courts outside of any formal efforts by Federal-State Judicial Councils.

Teleconferencing and Videoconferencing in Bankruptcy Proceedings

The objective is to develop guidance for bankruptcy judges regarding the effective use of teleconferencing and videoconferencing technologies in bankruptcy hearings and trials. The goal is to encourage the use of these technologies to promote better access to the courts, make best use of existing judicial resources, and to contain costs while maintaining the quality of court proceedings in compliance with the Federal Rules of Bankruptcy Procedure, the Federal Rules of Evidence, and other legal authority.

Template: Appellate Chief Judges' Desk Book

The Center is updating its 2001 Template for Chief Judges of the Courts of Appeal Deskbooks. The updated Template will assist each of the courts of appeals to create or update their chief judges’ desk book.