News & Analysis as of

Fed. R. Evid. 502

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

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

Rule 502(d) Orders for Non-Waiver of Privilege: eDiscovery Best Practices

by CloudNine on

Tomorrow, Tom O’Connor and I will discuss the various issues to consider and decisions to be made to help you meet your discovery obligations in an efficient and proportional manner when preparing for the Rule 26(f)...more

FRE 502(d) – An Underutilized “Safety Net” in Document Intensive Litigation

by Wilson Elser on

The inadvertent disclosure of privileged material may haunt a company for years, particularly in today’s era of pattern litigation and increased collaboration within the plaintiffs’ bar. Fortunately, in matters pending in...more

The News Today Should Be a Wake Up Call for Litigation Attorneys

by Exterro, Inc. on

The words above come directly from some of the most respected and influential Federal Judges on the bench today, and in my mind, are simply staggering. It's been 10 years since Zubulake v. UBS Warburg and yet 32% of the...more

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