The purpose of a privilege log is to provide sufficient information for the recipient of the log to determine whether the withheld information is, at least on its face, privileged. In short: “Trust, but verify.” See,...more
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. an order from the U.S. District Court for the Eastern District of California granting a motion to compel...more
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 week of February 26 to March 3. Here’s...more
What is Document Review for eDiscovery? Let’s dive into the captivating realm of Electronic Discovery (eDiscovery) document review! (No, I am not being sarcastic!) This critical stage involves examining gathered documents to...more
Federal and state rules of civil procedure are intended to secure the just, speedy and inexpensive determination of every action. However, one activity that can thwart that goal is discovery, because the discovery process is...more
In Short - The Situation: Insolvency officeholders increasingly find their investigations into a company's affairs frustrated by the comingling of records on a "group" server. Claims to privilege by other group entities (or...more
At the climax of one of the most watched trials that took place in 2022, conspiracy theorist and media personality Alex Jones breathed life into the infamous fictional lawyer once more on August 3, 2022 when confronted with...more
Expert advice on the pricing of forward freight agreements, used to “make good any legitimate grievance” and “add ballast” in correspondence concerning alleged corporate mismanagement, was not covered by litigation privilege...more
In Xyngular Corp. v. Schenkel, a shareholder and director suspected that his colleagues on the board of directors were engaging in improper self-dealing, so he asked an IT department employee to download documents disclosing...more
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
As the nation’s chief domestic investigative agency, the Federal Bureau of Investigation (FBI) has substantial authority to collect information through a variety of different means. This includes utilizing subpoenas to compel...more
Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time,[1] other procedures are entirely distinct. As a matter of...more