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We Hold These Rules to Be Self-Evident: Document Review, Relevance, and the Federal Rules of Civil Procedure

Sometimes, an argument or position may seem so self-evident or apparent that parties proceed on the assumption that it is correct without ever actually litigating the issue. Should a party decide to contest the issue,...more

Reluctance to Follow Salt River

In 2019, I co-authored an article published by the American Bar Association regarding the future of U.S. pretrial discovery involving European Union data following the decision by the United States District Court for the...more

North Carolina Extends Limited, Civil Immunity to Any Individual or Entity and Extends Immunity for Six Months After the COVID-19...

We previously wrote about limited, civil immunity created by North Carolina’s May 4, 2020 COVID-19 Recovery Act (Session Law 2020-3) for three types of businesses: (1) health care facilities and providers, (2) essential...more

The North Carolina Legislature Grants Limited Civil Immunity

We previously wrote about limited products liability immunity for certain companies under the federal PREP Act. Although a number of states have recently enacted legislation or issued executive orders providing limited...more

A Game of Chicken? Setting Forth a Detailed TAR Review Protocol

What Is TAR? Technology assisted review, or TAR, “uses software that can be trained by a human being to distinguish between relevant and non-relevant documents.”...more

Redacting Sensitive But Not Privileged Information: Surveying the Cases For and Against – PART TWO

This is Part Two of a series on the perils of redacting non-responsive but sensitive material during pre-trial discovery. In Part One, we focused on cases against non-responsive redactions. In Part Two, we shift to cases...more

Redacting Sensitive But Not Privileged Information: Surveying the Cases For and Against – PART ONE

We have previously written about the perils of redacting non-responsive but sensitive material during pre-trial discovery in the context of a Wisconsin court’s ruling prohibiting such redactions. IDC Fin. Publ’g, Inc. v....more

US v. Microsoft Litigation Update: Supreme Court Dismisses Case as Moot After Congress Amends Stored Communications Act

In January, I wrote a blog about the landmark case of United States v. Microsoft Corp. pending before the United States Supreme Court. You can read that blog here. The issue before the Court was whether a United States-based...more

US v. Microsoft Litigation Provides the Supreme Court with a Rare Opportunity to Further Clarify and Define the Role of Comity in...

The United States Supreme Court recently granted certiorari in the landmark case of United States v. Microsoft Corp. This matter presents the Court with an opportunity to establish new precedent in the field of international...more

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