March 6, 2019
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How Much Privilege Review is Required Under a Clawback Agreement?

  An interesting dispute unfolding between business competitors highlights the practical and legal implications of clawback agreements. In Arconic, Inc. v. Novelis, Inc., et al, Civil […]
July 18, 2018

Even With Clawback Agreement, Use of Material May Waive Privilege

  We here at Percipient are fans of clawback agreements.   Clawback agreements are authorized by state and federal evidence rules, such as Federal Rule of Evidence […]
July 2, 2018

You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Your company just received a document subpoena in a case in which it is not a party. Who covers the expense in responding to it? If […]
January 15, 2018
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New Hearsay Rule Addresses “Ancient” ESI and Electronic Evidence

Although receiving far less fanfare than the 2015 amendments to the Federal Rules of Civil Procedure, changes to Federal Rules of Evidence addressing electronically stored information […]
November 28, 2017
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Is it OK to Redact Irrelevant Information in Document Discovery?

  Is there a legal basis to redact irrelevant information from documents produced in litigation? As a few court opinions explain, probably not unless there is […]
April 25, 2017

A Discovery Dispute Makes the Big Time (SCOTUS!)

Likely to the delight of many a district court judge, a discovery dispute made its way into the rarefied air of the United States Supreme Court. […]
November 21, 2016
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Do I Have to Agree to E-Discovery Search Terms?

Use of search terms to find documents is a pretty basic and commonly accepted e-discovery concept. Since at least the 1990s, legal research courses have been teaching […]
September 26, 2016

Document Request Objections and the Rule 34 “Specificity” Requirement

Fun fact: When responding to document requests during the discovery phase of litigation, rather than stating documents were withheld (as now required by Federal Rule of […]
August 29, 2016

“Possession, Custody & Control” Tackled by The Sedona Conference

Both state and federal rules of civil procedure permit litigants to request documents and electronically stored information (ESI) from other litigants and third parties by serving […]