Matthew Hamilton

Troutman Pepper

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Protecting Privilege When Communicating With Contractors

As more businesses rely on independent contractors and specialists, the courts continue to define where those independent contractors fit for purposes of the attorney-client privilege. Here we discuss recent decisions...more

8/11/2020 / Attorney-Client Privilege , Corporate Counsel , Employment Litigation , Functional Equivalent , Independent Contractors , Legal Advice , Legal Advice Privilege , Non-Disclosure Agreement , State Law Claims

Why Courts Should Not Go 'Over and Above' the Federal Rules to Impose Sanctions for Loss of ESI

A recent case offers a cautionary tale of how courts may cite to the requirements of amended Federal Rule of Civil Procedure 37(e), which governs imposing sanctions for failure to preserve electronically stored information...more

3/2/2017 / Corporate Counsel , Discovery , Duty to Preserve , Electronically Stored Information , Email , Federal Rules of Civil Procedure , FRCP 37(e) , Sanctions , Spoliation , Young Lawyers

A Framework for Applying Proportionality in E-Discovery: The Sedona Conference Principles

The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery. The Sedona Conference — a research and educational...more

12/15/2016 / Corporate Counsel , Discovery , e-Discovery , Electronically Stored Information , Evidence , Federal Rules of Civil Procedure , FRCP 26(b)(1) , FRCP 37(e) , Litigation Strategies , Young Lawyers

Can Amended Federal Rule of Civil Procedure 37(E) Rewrite Plaintiffs' Spoliation Playbook?

The application of Rule 37(e) may limit spoliation litigation to issues relevant to underlying claims and defenses. A key component in plaintiffs’ playbook when facing a corporate defendant is to attempt to try cases...more

4/19/2016 / Adverse Inference Instructions , Corporate Counsel , Discovery , Duty to Preserve , Electronically Stored Information , FRCP 37(e) , Sanctions , Spoliation , Young Lawyers

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