News & Analysis as of

Federal Rules of Evidence Privileged Documents Discovery

McGuireWoods LLP

How Does a Rule 502(d) Order Work?

McGuireWoods LLP on

Under Fed. R. Evid 502(d), a federal court can assure that an inadvertent disclosure of privileged documents in the case before it will not allow litigants in subsequent cases to argue that such disclosure triggered a...more

Vinson & Elkins LLP

Reducing Costs of Privilege Review and Privilege Logging

Vinson & Elkins LLP on

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

Esquire Deposition Solutions, LLC

Litigation Experts Encourage Wider Use of Privilege Protection Orders

Federal litigators aren’t taking sufficient advantage of 2008 amendments to Federal Rule of Evidence 502, which gives them the authority to obtain protective orders that can stem the damage from inadvertent disclosure of...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

Morris James LLP

Court of Chancery Applies Privilege Non-Waiver Rule

Morris James LLP on

In Re Cellular Telephone Partnership Litigation, C.A. No. 6885-VCL (Aug. 29, 2017) - This is an interesting decision because it applies a recent addition to the Delaware Rules of Evidence, Rule 510(f), which allows a court...more

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