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.
January 23, 2017
A conflict is brewing between state and federal courts involving in-house counsel, whistleblowers and the use of attorney-client privileged information.
April 25, 2016
It is no secret that the Securities and Exchange Commission and Department of Justice stepped up investigation and prosecution of corporate wrongdoing. In fact the Yates […]
January 27, 2016
A question we often get from attorneys is how to effectively capture social media and webpage evidence for use in litigation and […]
September 14, 2015
This the third in a series of articles examining issues raised in recent legal ethics opinions, such as Opinion CAL 2015-193, issued by the State Bar of […]
May 19, 2015
One of the first tasks attorneys must tackle in electronic discovery is assessing the nature and extent of their client’s electronically stored information (ESI). […]