Eric P. Mandel

July 14, 2020

Greedy Plaintiff Gets Stuck with a Big Discovery Tab

Discovery is not an all-you-can-consume buffet. Yet the temptation to demand endless refills of document productions can be irresistible for some requesting parties. This is particularly true in asymmetrical litigation in U.S. federal court where a responding party is generally responsible to pay their own costs of discovery. This was the case for Lawson v. Spirit AeroSystems, where the court ordered plaintiff Larry Lawson—the former CEO of defendant Spirit AeroSystems—to pick up a $600,000 tab for a TAR 2.0 review conducted by Spirit at Lawson’s demand.
April 9, 2020
privilege subject matter waiver

Privilege Subject Matter Waiver Under FRE 502

Federal Rule of Evidence 502 (“Rule 502”) addresses the evidentiary issues arising from the disclosure of attorney-client privilege or work product information in discovery, inadvertent or otherwise. Litigators are urged to include obtain a Rule 502(d) non-waiver order in all federal court litigation and comparable non-waiver orders in state court matters. As we have previously noted, a simple and properly drafted Rule 502(d) Order can provide producing parties with significant, material protection against privilege waiver in the instant proceeding as well as in any other federal or state proceeding. While more and more litigants have heeded this advice, the recent matter of RTC Industries. v. Fasteners for Retail demonstrates the importance of properly drafting of a Rule 502(d) order, particularly in patent infringement matters wherein one or more parties may be considering relying on an “advice of counsel” defense.
March 19, 2020

Working at Home: A Survival Guide

With the proliferation of COVID-19 and the demand for social distancing, more and more employers are requiring their workforce to work from home. Many of us have taken a laptop home or to a coffee shop to get away from the office or work on a project over a weekend. It can be kind of fun to change up our environment, maybe work on the couch and have the TV on in the background. However, it is a much different proposition to be prepared to work from home for an indefinite period.
November 12, 2019
Notice and Consent-COPPA

Notice and Consent: Why COPPA Does Little to Protect the Personal Information of Children

One might assume that the U.S. Children’s Online Privacy Protection Act of 1998 (COPPA) and associated FTC COPPA Rule provide actual protection over our children’s personal information when they are online. In reality, however, COPPA and the COPPA Rule merely install a minor speed bump on the well-traveled information superhighway, requiring online content providers in the United States to get a parent or guardian to check a box before marketers, data brokers and the advertising technology (“ad tech”) industry can proceed to harvest and exploit the personal data of children 12 and under.