July 29, 2019

Does Parent Company Have Duty to Ensure Subsidiary Preserves Documents and ESI?

If a subsidiary business is embroiled in a legal dispute, must the parent company see to it that the subsidiary preserves materials relevant to the dispute? […]
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 […]
February 14, 2018

Attorneys’ Duty to Implement Legal Hold Does Not End After Hitting Send

Who knew the topic of legal holds is so engaging? Articles about legal and litigation holds turn out to be some of our most popular reads. […]
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 […]
January 23, 2017

A Privilege to Serve? Attorney-Client Privilege, In-House Counsel & Whistleblowing

An interesting conflict is brewing in some state and federal courts involving whistleblowers and the attorney-client privilege–specifically the use of privileged information by in-house counsel whistleblowers. […]
October 31, 2016
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Do Email Messages Have to Be Produced With Attachments in Litigation?

Many will tell you that it is an e-discovery best practice to classify document families consistently and that “parent child relationships” (such as emails and attachments) […]
June 27, 2016

The Web Page Authentication Dance — A Two Step

To enter evidence in court, attorneys must establish its authenticity. That is, offer proof that the evidence is really what they say it is. Authenticating evidence […]