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Privilege, confidentiality and [fact] pleading in Congress

by Mary Mack

by Mary Mack, Corporate Technology Counsel, Fios

There are an amazing number of bills pending in Congress that would have implications litigation budgets and for ediscovery.  Some address motions to dismiss and fact pleading.  Others increase privilege protection during government investigations.  Others take away privilege protection in civil cases and open up confidential information.

There is another bill making plaintiff’s firms’ forwarded expenses deductible earlier than resolution of the case.

Most are in one house or the other.  The one negatively affecting privilege is in both.

Al Driver asked that I write about them for Metropolitan Corporate Counsel. The article contains bill numbers, sponsors and status as of Sept. 1, 2009.  Metropolitan Corporate Counsel is a great resource for timely, in depth articles.

Article here.


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