Discovery Resources

Practitioners who have not been protecting against privilege waiver via court order will want to start standing in line for the rush.

Odds are 99.99 percent the new FRE 502 will be signed by the president and cause a run at the court house.

Like the onset of the amendments to the Federal Rules of continue…

This article, from The Legal Intelligencer, looks at recent court decisions which now seem to demand a standard of near perfection from in-house and outside counsel in managing e-discovery. Indeed, courts are showing little patience for preservation, privilege review or production mistakes and are not hesitating to hold parties and their counsel responsible for such mistakes.  Read more….

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Judicial tolerance for shortcomings in e-discovery is on the decline, and litigants, their counsel and e-discovery vendors are facing direct liability for such failures. Read more….

Slowly but surely, U.S. Magistrate Judge Paul Grimm is writing a treatise on electronic discovery. H. Christopher Boehning and and Daniel J. Toal discuss Judge Grimm’s recent rulings around privilege and his comments on search methodologies in the New York Law Journal.

When Supreme Court Justice Antonin Scalia went on a publicity tour for his book on legal writing earlier this year, it was considered a rare peek into the mind of an influential jurist. This article by Jason Krause on Law.com discusses how few litigation topics have gotten the judiciary talking as much as e-discovery.

Chief U.S. Magistrate Judge Paul W. Grimm and attorneys Paul Mark Sandler and Charles S. Fax, whose second book, entitled “Maryland Discovery Problems and Solutions,” address the issues around discovery and privilege in this article by Brandon Kearney from the Maryland Daily Record.

A federal judge in Maryland ruled late last month that a company being sued for copyright infringement waived attorney-client privilege for 165 documents accidentally disclosed to opposing counsel during the e-discovery process. Read more from Computerworld’s Brian Fonseca here.

“It has changed litigation in fundamental ways,” said Benjamin Barnett, a trial lawyer at Dechert L.L.P., who advises clients on electronic discovery.  Read more from the Philadelphia Inquirer here.

Clients with operations in the European Union pose a particular problem for electronic discovery because of the strict data privacy laws in most European jurisdictions, which regulate the processing of personal data and its export from the EU.  Read more…

U.S. Chief Magistrate Judge Paul Grimm has ruled that a company sued for infringement has no attorney-client privilege in 165 documents mistakenly turned over to its opponent in e-discovery. Read more about the Creative Pipe ruling in the ABA Journal here.