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Array

This Week in eDiscovery: Be Careful What Your ESI Protocol Says

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of May 11-17. Here’s what’s...more

Zuckerman Spaeder LLP

A Circuit Split Deepens on Burden to Establish Foreign Privilege to Defeat Section 1782 Discovery

Zuckerman Spaeder LLP on

For litigants in foreign courts, 28 U.S.C. § 1782 has long been a promising, if finicky, tool to access discoverable materials by filing an ex parte application in U.S. federal district court. The statute provides certain...more

EDRM - Electronic Discovery Reference Model

Another Approach to Drafting and Discovery of Litigation Hold Notices

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more

Minerva26

Privilege Log, Privilege Log — It’s All About the Description

Minerva26 on

A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more

Farrell Fritz, P.C.

Discovery Sanctions Alert: Failure to Include Withheld Items on Privilege Log Lands Party in Hot Water

Farrell Fritz, P.C. on

Commercial Division Rule 11-b governs a party’s obligation to produce a log of documents withheld on the basis of privilege.  Enacted in 2014, Rule 11-b substantially streamlines the privilege log process by encouraging...more

Womble Bond Dickinson

Privilege Log Considerations and Best Practices for Complex Litigation

Womble Bond Dickinson on

Privilege logs are often considered back-burner items in complex litigation and not addressed until discovery deadlines draw near. However, paying attention to privilege logs early on can be a hidden factor in in a successful...more

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