Having taught Federal Rule of Evidence 502 (FRE 502) in my law classes for over a decade, I felt I had a firm grasp of its nuances. Yet recent litigation where I serve as Special Master prompted me to revisit the rule with...more
Have you ever tried to personally review 15,000,000 pages of electronic documents for privilege and relevance? There comes a time in the discovery process when manual, human review of documents is not only inefficient, but a...more
Under general common law doctrine and Federal Rule of Evidence 502, courts normally hold that disclosing privileged communications only triggers a subject matter waiver if the disclosure seeks some advantage in court. But...more
Internal investigations by outside counsel are an essential tool for corporations to ensure they are compliant with governing regulations and statutes, particularly when they are faced with allegations of potential...more
Despite the existence of a stipulated clawback agreement (that was never presented to the Court to be So Ordered) that provided “[i]nadvertent production of privileged documents does not operate as a waiver of that...more