Philip Favro
March 19, 2019
We have heard it now for over ten years. Parties need the protection of a non-waiver order under Federal Rule of Evidence 502(d). Nevertheless, clients and counsel who are unaware of possible pitfalls surrounding Rule 502(d) non-waiver orders (“502(d) orders”) could find themselves assuming the cost of an adversary’s privilege review, uncertain about what evidence they can use to prepare their case, or burdened by notice and clawback procedures.
January 31, 2019
With the New Year upon us, it is worth looking back at some of the key eDiscovery cases from 2018 and examining the lessons they offer going forward in 2019.
December 17, 2018
Proportionality standards have played an increasingly significant role in discovery since the enactment of the 2015 amendments to the Federal Rules of Civil Procedure (FRCP). FRCP 26(b)(1) lists six different factors, any combination of which a court may consider in determining whether the requested discovery is proportional to the needs of the case.
November 19, 2018
Parties who use technology-assisted review (TAR) must decide whether and how much of their process to disclose to the other side. Another key consideration is whether they should enter into a stipulated use protocol. A new case from Utah—Entrata, Inc. v. Yardi Systems, Inc. —offers insights on these issues, particularly on the role and significance of transparency and cooperation.