Confidential Documents Balancing Test

News & Analysis as of

New Jersey Federal Judge Says It’s Not So Easy to Preserve Confidentiality of Discovery Documents

Today’s case is about a second chance. We are talking about the dismal topic of document confidentiality. Many -- definitely too many -- documents are produced in mass tort litigations. Almost all those documents are...more

Witness Statements No Longer Exempt from Production to Union

Employers who obtain witness statements in anticipation of litigation or grievances often contend the statements are exempt from the duty to provide information to the union, relying on the NLRB's 1978 decision in...more

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