Attorney-Client Privilege, Document Productions, Federal Rules of Civil Procedure

What If an Adversary Subpoenas Your Client’s Privileged Documents That Are in Someone Else’s Possession?

McGuireWoods LLP on 3/13/2025

Litigation adversaries often trigger privilege and work product disputes when they seek each other’s documents. But what if your client’s adversary subpoenas a third party holding your client’s privileged documents — whose...more

Sued: What In-house Counsel Without Litigation Experience Need to Know - Preparing Your Inside Team

Wolf, Greenfield & Sacks, P.C. on 5/15/2024

3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent...more

Changing the Forum for a Motion to Quash a Subpoena

EDRM - Electronic Discovery Reference Model on 3/25/2024

In Rullan v. Goden, 2024 WL 1191600 (D. Md. Mar. 20, 2024), the Hon. J. Mark Coulson construed a Fed.R.Civ.P. 45 motion to quash or modify a subpoena, which would have been heard in New York, as a Fed.R.Civ.P. 26(c) motion...more

February’s Notable Cases and Events in E-Discovery

EDRM - Electronic Discovery Reference Model on 2/22/2024

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: an order from the U.S. District Court for the Northern District of California requiring the Defendant to...more

Reducing Costs of Privilege Review and Privilege Logging

Vinson & Elkins LLP on 7/3/2023

The difficulty of handling privilege disputes can be especially pronounced in cases involving a prolonged discovery period and large corporate defendants with different document custodians. When a party chooses to withhold...more

Nonreporting Employee/Experts Beware: A Follow-up on Luminara Worldwide, LLC v. RAZ Imports, Inc.

Butler Snow LLP on 6/13/2018

It has been more than one year since the case Luminara Worldwide, LLC v. RAZ Imports, Inc., 2016 WL 6774231, 2016 U.S. LEXIS 158183, (D. Minn. Nov. 15, 2016) became a popular topic for the defense bar. As a brief recap, the...more

5 Tips to Avoid the In-House Expert Trap in the Federal Rules of Civil Procedure

Latham & Watkins LLP on 8/15/2017

You are defending your client, a company engaged in complex scientific or technical work. As you head to trial, you have a tough decision to make. The client has employees and consultants with the knowledge and expertise to...more

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