Be Careful What You Ask For, Because Someone Just Might Produce It

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There were three big “search term” cases in 2008 by Magistrate Judges John Facciola and Paul Grimm (both of whom also wear bow ties).[1] In United States v. O’Keefe, Judge Facciola wrote, “…for lawyers and judges to dare opine that a certain search term or terms would be more likely to produce information than the terms that were used is truly to go where angels fear to tread.”

The following is not one of the “Big Three,” but illustrates the point lawyers need to be very careful what search terms they use and demand in discovery.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Joshua Gilliland, Bow Tie Law Blog | Attorney Advertising

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