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Category Archive for: Scope of Discovery

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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People Are Really Interested in Subpoenas… Who Knew?

Every year we look our most read articles. This year, people are very interested in subpoenas for documents and electronically stored information (ESI).

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Your Opponent Didn’t Produce Gmail. Just Subpoena Google, Right? Nope.

The Stored Communication Act (SCA) prohibits email service providers from producing the content of email messages in response to subpoenas.

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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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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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