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Clawbacks Federal Rules of Civil Procedure

King & Spalding

Washington District Court Limits Litigants’ Ability to Claw Back Privileged Documents Erroneously Produced in Discovery

King & Spalding on

On April 29, 2025, United States District Judge John H. Chun of the Western District of Washington issued an order denying defendant Amazon’s request to claw back privileged documents it argued had inadvertently produced in...more

Dorsey & Whitney LLP

Why Avoidance Actions Are Difficult to Dismiss by a Rule 12(b)(6) Motion

Dorsey & Whitney LLP on

Traditional avoidance actions under the Bankruptcy Code, i.e., preferences and fraudulent transfers, have laudable goals: (a) to provide equal treatment to creditors of an insolvent company and (b) to claw back otherwise...more

Nutter McClennen & Fish LLP

Judge Kaplan Orders Return of Documents Inadvertently Produced

Ruling on a motion seeking the return of inadvertently produced privilege materials, Judge Kaplan elaborated on the meaning of “inadvertent” in the context of Massachusetts Rule of Civil Procedure 26(b)(5) and so-called...more

Esquire Deposition Solutions, LLC

Avoid Inadequate Clawback Agreements with These Tips

Privileged documents are sometimes inadvertently disclosed to opposing parties during discovery and the litigation process, breaching attorney-client privileges and causing havoc for both defense and plaintiff counsels. To...more

Carlton Fields

Efficiency: A Discovery Philosophy, and All You Really Need to Know About Predictive Coding

Carlton Fields on

The main problem with discovery is the cost. In a very small number of truly bet-the-company cases (for example, where the CEO’s emails must be produced) the greater risk can be failing to do discovery perfectly. But 99 times...more

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