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 […]
August 29, 2018
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Your Opponent Didn’t Produce Gmail. Just Subpoena Google, Right? Nope.

Your client sued a competitor who is also the new employer of your client’s former employee. You suspect before the employee left, he sent your client’s […]
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 […]
July 10, 2017

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

Communications between lawyers and outside litigation consultants, such as e-discovery vendors, are largely protected by the attorney work product doctrine and the attorney-client privilege. Similarly, knowledge […]
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. […]
December 5, 2016
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E-Discovery Cooperation- Some Suggested Areas of Agreement

    Cooperation. Some call it an e-discovery best practice. Others describe it as a minimum standard of care in e-discovery. Regardless of label, there is little question […]
November 21, 2016
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Do I Have to Agree to E-Discovery Search Terms?

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

Document Request Objections and the Rule 34 “Specificity” Requirement

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 […]