Tagged with: Federal Rules of Evidence
Despite Clawback, Defendant’s Reckless Abandon of Rule 502 Bites Back
This blog was originally published by our partners at Zapproved. Clawback Agreements and FRE 502 Irth Sols., LLC v. Windstream Commc’ns LLC, No. 2:16-CV-219, 2017 WL 3276021 (S.D. Ohio Aug. 2, 2017).The court denied the defendant’s request to return privileged documents that it claimed it had mistakenly produced on two sepa...
How to Utilize FRE 502 to Protect Attorney Client Privilege
In many lawsuits, high eDiscovery costs and limited internal resources are extremely prohibitive. Sophisticated computer systems and talented legal teams are necessary to properly conduct expensive document review, especially in combing for privileged documents – both attorney-client communications and those governed by the attorney work product doctrine. Download this white pa...
How to Determine if Your Evidence is Admissible in Court
In the matter Griffin v. State, 2011 Maryland, the defendant Antoine “Boozy” Griffin was charged with murder. In the second trial (first was a mistrial), a witness claimed he was threatened by the defendant’s girlfriend. As evidence, the State submitted the girlfriend’s MySpace page. The girlfriend’s alleged page gave her h...
Advantages of Implementing Rule 502 Orders and Agreements
At least in federal courts, there appears to be a solution when privileged material is inadvertently produced. Federal Rule of Evidence 502 was enacted in 2008 and provides a consistent framework to prevent waiver of privilege on inadvertently produced documents. It ultimately provides greater protections against waiver than existing law otherwise...
eDiscovery Update: Cybersecurity, Changes to Federal Rules of Evidence
This article was originally posted on The Daily Record. I just returned from an exhausting nine-day trip to Las Vegas. If you are wondering, it was for business and not a gambling junket. Although the weather was great, nine days in Vegas is about seven days too long. I attended...
The Importance of Federal Rule of Evidence 502
There is a buzz throughout the industry as to whether or not Rule 502 orders and agreements should be standard. Some believe Rule 502 has the potential to do away with privilege logs in civil matters. Before we tackle the question of ‘do we need privilege logs anymore,’ we need to take a cl...
The Not-So-Grimm Prospect of Producing Privileged Documents
eDiscovery costs are all the rage (or perhaps the source of rage), but we all know that attorney review for privilege and responsiveness costs between seven and ten times the eDiscovery technology costs. To help keep down costs of review, litigators and eDiscovery professionals do their best to collect and...
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