April 22, 2023
Companies responding to federal subpoenas are responsible for costs unless the costs are "significant" and generally cannot charge for data requests under privacy laws.
July 31, 2021
5 provisions to include in "clawback" agreements to protect attorney-client privilege and "claw back" privileged information produced in discovery.
November 5, 2020
Federal Magistrate Judge Tony Leung offers a few pointers to lawyers preparing for virtual court hearings via zoom or other video conference apps in the latest Technically Legal Podcast.
March 6, 2019
Clawback agreements are a good way to limit the impact of disclosing privileged information, but even with them, some privilege review is necessary.
July 18, 2018
Even with a clawback agreement, protection of attorney-client privilege may be waived if information is used without objection.
January 15, 2018
Responding to proliferation of electronic evidence, changes to evidence rules will limit the "ancient documents" hearsay exception to pre-1998 documents.
November 28, 2017
Irrelevant information may not be redacted from documents produced in litigation unless it is protected from disclosure under another rule.
November 21, 2016
E-discovery is a cooperative party-driven process. Agreement on search terms and methods is important, but that does not mean you get everything you want.
September 26, 2016
We take a deep look at FRCP 34 and its new rules to document request objections. What does it mean for your document review?