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Category Archive for: Scope of Discovery

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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Attorney-Client Privilege Covers Discovery From In-House Litigation Support Staff

Discovery from in-house corporate litigation support staff is generally protected by the attorney work product doctrine and the attorney-client privilege.

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Does Parent Company Have Duty to Ensure Subsidiary Preserves Documents?

Some courts hold that parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.

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

A conflict is brewing between state and federal courts involving in-house counsel, whistleblowers and the use of attorney-client privileged information.

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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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IL Case Law Update: Inspection of Litigant’s Hard Drive and Discovery Proportionality

An Illinois court offers guidance on when it is appropriate for a litigant to search an adversary's computer and weighs in on e-discovery proportionality.

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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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Are Employees Required to Disclose Passwords or Encryption Keys During Government Investigations?

Employees could be compelled to provide passwords to corporate data sought by a government investigation, but the Fifth Amendment might apply.

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Document Request Objections and the Rule 34 “Specificity” Requirement

Under FRCP 34, objections to document requests require "specificity," must state whether documents are withheld or describe search used to gather documents.

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