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Clawback Agreement Doesn’t Save Documents Inadvertently Produced Twice from Privilege Waiver: eDiscovery Case Law

by CloudNine on

...In Irth Solutions, LLC v. Windstream Communications LLC, No. 2:16-CV-219 (S.D. Ohio Aug. 2, 2017), Ohio Magistrate Judge Kimberly A. Jolson, rejecting the idea that a clawback agreement always protects against waiver of...more

Court Disagrees with Plaintiff’s Contentions that Defendant’s TAR Process is Defective: eDiscovery Case Law

by CloudNine on

In Winfield, et al. v. City of New York, No. 15-CV-05236 (LTS) (KHP) (S.D.N.Y. Nov. 27, 2017), New York Magistrate Judge Katharine H. Parker, after conducting an in camera review of the defendant’s TAR process and a sample...more

Massachusetts Patent Litigation Wrap-Up – October 2017

by Fish & Richardson on

This post is part of a monthly series summarizing notable activity in patent litigation in the District of Massachusetts, including short summaries of substantive orders issued in pending cases. Ethicon sued Covidien...more

DOJ Issues New FCPA Policy Offering Incentives to Encourage Disclosure of Foreign Bribery and Corruption Misconduct

by Foley & Lardner LLP on

On November 29, 2017, Deputy Attorney General Rod Rosenstein announced that the U.S. Department of Justice (DOJ) was issuing a new enforcement policy covering its enforcement of the Foreign Corrupt Practices Act (FCPA). The...more

Goodbye to the kitchen sink approach? New disclosure rules in the offing

by Dentons on

Background to the Pilot - The current disclosure regime has been ripe for improvement for some time. Despite the amendments to Part 31 of the Civil Produce Rules in 2013, which saw the introduction of a menu of different...more

S.D.N.Y. Magistrate Judge Francis Analyzes the Work Product Doctrine's "Motivational" Element

by McGuireWoods LLP on

Many lawyers mistakenly focus only on the first two of three work product elements: (1) whether their clients faced "litigation," which can also include adversarial arbitrations, government proceedings, etc.; and (2) whether...more

CEO’s Documents Found Proportional to Multimillion-Dollar Complaint

by Zapproved LLC on

Oxbow Carbon & Minerals LLC v. Union Pac. R.R., 2017 U.S. Dist. LEXIS 146211 (D.D.C. Sept. 11, 2017). In this multimillion-dollar antitrust claim, the defendants moved to compel the plaintiffs to include their CEO as a...more

10 Steps to Navigate the Labyrinth of E-Discovery for Small to Mid-Size Firms

by Pessin Katz Law, P.A. on

The practice of exchanging discovery in federal litigation has ballooned to its own cottage industry within the practice of law. Many law firms tout expertise in the practice “Electronic Discovery Law.” Heady conferences...more

Plaintiffs Deserve ‘Fair’ Access to Defendant's ESI

by Zapproved LLC on

Pertile v. Gen. Motors, LLC, No. 15-cv-0518-WJM-NYW, 2017 U.S. Dist. LEXIS 141088 (D. Colo. Aug. 31, 2017). In this negligence case, the district court upheld the magistrate’s order requiring that the defendant provide...more

Internal Investigations: Protecting the Attorney- Client Privilege

by Michael Volkov on

I like to repeat myself – attorneys are valuable for only two reasons: (1) attorney-client privilege; and (2) advice of counsel defense. I know I am not supposed to denigrate my profession but these are two important reasons,...more

Florida Has a New eDiscovery Checklist: eDiscovery Best Practices

by CloudNine on

One of the best things about speaking at The Master’s Conference is that you get to see other great sessions and presentations as well. During the Orlando event earlier this week, one of the sessions was presented by Ralph...more

[Webinar] MSHA Recordkeeping Requirements and Document Production - November 29th, 1:00pm ET

by Conn Maciel Carey LLP on

Recordkeeping requirements such as workplace exams are well-known and often discussed with MSHA inspectors, however these are far from the only records that MSHA requires operators to maintain. On top of knowing which records...more

Does this Ring a Bell? Court Orders Plaintiff’s Quick Peek Over Defendant’s Objections: eDiscovery Case Law

by CloudNine on

In Fairholme Funds, Inc. v. United States, No. 13-456C, (Fed. Cl. Oct. 23, 2017), Judge Margaret M. Sweeney, despite the defendant’s strong objection, granted the plaintiffs’ motion to compel a “quick peek” production of...more

Partnering Perspectives - Fall 2017

With the US poised to decrease regulation and the outcome of Brexit unknown, multinational institutions face a great deal of unpredictability in the regulatory landscape. In this edition of Partnering Perspectives, we look at...more

Court Chastises Parties for Turning Case into a “Discovery Slugfest”: eDiscovery Case Law

by CloudNine on

In UnitedHealthcare of Fla., Inc. et al. v. Am. Renal Assoc., Inc. et al., No. 16-cv-81180-Marra/Matthewman (S.D. Fla. Oct. 20, 2017), Florida Magistrate Judge William Matthewman granted in part and denied in part the...more

Self-Help Ways To Increase Your Legal Bill

by SmithAmundsen LLC on

As most clients who have been through commercial litigation know, discovery is expensive. Unfortunately, in trying to reduce legal expenses, many times clients make mistakes that increase legal expenses and sometimes hurt...more

Courts Use Rule Language and Common Sense to Expand Work Product Protection: Part II

by McGuireWoods LLP on

Last week's Privilege Point explained that on its face the federal work product rule (and most states' parallel rules) provide heightened opinion work product protection to any client representative's opinions -- not just...more

Delaware Court Of Chancery Imposes Incorporation-By-Reference Condition On Section 220 Production, Consistent With Other Recent...

by Shearman & Sterling LLP on

On October 12, 2017, Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery agreed to impose an “incorporation-by-reference” condition on any production by Universal Health Services, Inc. (“UHS”) in response to a...more

Federal Rule 34 Primer — A shepherd’s guide to “herding cats”

Herding Warrior Cats - Federal Rules were last updated in 2016 and the changes were thought to be significant. Welcomed by some and scorned by others, those changes are still being evaluated and applied by judges across...more

Respondents Sanctioned For Discovery Violation

by Jones Day on

On September 28, 2017, in Certain Carbon and Alloy Steel Products; Inv. No. 337-TA-1002, ALJ Lord issued the public version of her order requiring Respondents Wuhan Iron and Steel Group Corp., Wuhan Iron and Steel Co., Ltd.,...more

Document Discovery From Non-Parties in Commercial Arbitration: Availability and Practical Considerations

Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more

Plaintiffs Can’t Depose Competition Bureau Investigator in Price-Fixing Class Action

by Bennett Jones LLP on

The Supreme Court of Canada held today that civil plaintiffs cannot examine for discovery (aka depose) a Competition Bureau investigator: Canada (Attorney General) v. Thouin, 2017 SCC 46....more

Be Prepared! Don’t Show Up to Your Rule 26(F) Meet-and-Confer With Nothing But a Boilerplate

by Exterro, Inc. on

FRCP Rule 26(f) stipulates a conference of the parties so that they might plan for discover. - Who: The attorneys of record and all unrepresented parties that have appeared in the case - What: Parties must consider the...more

Practice Pointers to Best Utilize or Respond to Document Requests: Sedona Publishes Rule 34 Primer

by Pepper Hamilton LLP on

The rules governing how litigants conduct written discovery changed substantially on December 1, 2015, when major amendments to the Federal Rules of Civil Procedure took effect....more

Despite Clawback, Defendant’s Reckless Abandon of Rule 502 Bites Back

by Zapproved LLC on

Irth Sols., LLC v. Windstream Commc’ns LLC, No. 2:16-CV-219, 2017 WL 3276021 (S.D. Ohio Aug. 2, 2017). The court denied the defendant’s request to return privileged documents that it claimed it had mistakenly produced on...more

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