March 6, 2019
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
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
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
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
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
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
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
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
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 […]