Coming to a court near you? An infographic overview of the Mandatory Initial Discovery Pilot (MIDP) being tested by federal judges in Illinois and Arizona.
Discovery from in-house corporate litigation support staff is generally protected by the attorney work product doctrine and the attorney-client privilege.
Depending on court, duty to preserve data in employee's personal cloud may arise if employer has "practical ability" access it or a "legal right" to info.
Some courts hold that parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
In federal litigation responding party is generally responsible for subpoena costs. However state statutes or rules may shift costs to requesting party.
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