Best Practices

  • Privilege
    Legal Updates

    Risks of Waiving Privilege for Third Party Litigants When Producing Documents to the Government

    Waiver of privilege and particularly inadvertent waiver of privilege is always a concern in e-discovery when producing documents to an outside party. Not only may your current litigation be affected but waiver may also affect your client’s future litigations and other litigation teams that had no involvement with your production. This is a particularly serious concern when producing documents to the government, given the power dynamics involved.

  • Shifting Costs
    Legal Updates

    Shifting Costs for Responding to Subpoenas Under FRCP 45

    Generally speaking, the presumption is that third parties will bear at least some of the costs of complying with proper subpoenas. That said, Courts often expect that a requesting party will negotiate in good faith the costs of compliance and, if those costs are significant, the requesting party would agree to cover at least some of the costs or limit its requests in light of the requirement of FRCP 45(d)(2)(B)(ii). As demonstrated by a recent case, though FRCP 45 provides two avenues for a third party to recover its costs for responding to a subpoena in federal litigation, such awards are the exception to the rule.

  • 3 Tips for Managing the Preservation of Mobile Device Data
    Legal Updates

    3 Tips for Managing the Preservation of Mobile Device Data

    Even when the need to preserve mobile data is clear, for clients who are not technical experts or who do not have technical experts on staff, how to go about actually preserving that data may not be so obvious. As legal professionals, it is important that we understand how to help our clients preserve mobile data and what pitfalls they may encounter.