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Category Archive for: FRCP

Is That Discovery or ESI You Want Really Lost?

Under the FRCP, ESI and other discovery may not be considered "lost" if it can be restored or replaced through additional discovery.

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How Much Privilege Review is Required Under a Clawback Agreement?

Clawback agreements are a good way to limit the impact of disclosing privileged information, but even with them, some privilege review is necessary.

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

In federal litigation, responding party is generally responsible for subpoena costs. However, financial hardship or state statutes or rules may shift costs.

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The Mandatory Initial Discovery Pilot Year One: An (Unscientific) Study

An Illinois federal court surveys attorneys on expedited discovery rules. Despite negative responses, the MIDP program might be meeting some of its goals.

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Is it OK to Redact Irrelevant Information in Document Discovery?

Generally, irrelevant information may not be redacted from documents produced in litigation unless it is protected from disclosure under another rule.

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Federal Mandatory Initial Discovery Pilot Program Cheatsheet (Infographic)

Coming to a court near you? An infographic overview of the Mandatory Initial Discovery Pilot (MIDP) being tested by federal judges in Illinois and Arizona.

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6 Things We Learned About Legal Tech & E-Discovery in 2016

Six developments in legal technology and e-discovery law from 2016.

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E-Discovery Cooperation- Some Suggested Areas of Agreement

This article explains why cooperation is an important e-discovery concept and also provides some real-world suggestions about areas of cooperation.

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Do I Have to Agree to E-Discovery Search Terms?

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.

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15 Issues to Consider for E-Discovery and ESI Protocols

For those unfamiliar with e-discovery and ESI, negotiating an ESI protocol may seem daunting. However, nearly every protocol covers the same topics.

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