Carey Busen

Carey Busen


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Latest Publications


Judicial Conference Proposes Proportional Discovery Through Amendments to the FRCP

For the first time in over twenty years, the Judicial Conference’s Committee on Rules of Practice and Procedure have approved for publication proposals to amend the Federal Rules of Civil Procedure. If enacted, these...more

6/11/2013 - Discovery Federal Rules of Civil Procedure Proposed Amendments

Nothing Goes Better with Race Tires than . . . Wine?! – Fourth Circuit Limits Taxable eDiscovery Costs

As we’ve discussed multiple times, the issue of what types of ediscovery costs are taxable under 28 U.S.C. § 1920 was first addressed by a federal appellate court last spring in Race Tires America, Inc. v. Hoosier Racing Tire...more

5/8/2013 - Cost-Shifting Legal Costs

Eighth Circuit Rules Equitable Estoppel Doctrine Cannot Be Used to Compel Non-Signatories to an Arbitration Agreement into...

Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts. (See this blog’s discussion of a Third Circuit decision from late last year, In re...more

3/13/2013 - Arbitration Arbitration Agreements Class Action Equitable Estoppel Non-Signatories

What You Don’t Know About Your Discovery Vendor Can Get You Sanctioned

A recent decision out of the Northern District of Illinois serves as an important reminder to all counsel relying on e-discovery vendors....more

1/30/2013 - Discovery Document Retention Policies

Judge Warns: Avoid Mechanically Produced Boilerplate Privilege Logs

A recent decision from Judge Facciola of the District Court for the District of Columbia lambasted a party’s unspecific, boilerplate privilege log and directed the party to make “specific and clear claims of privilege.” See...more


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