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Rule 502(d) Orders and the Attorney-Client Privilege

In today’s increasingly data-driven world, compliance with discovery requirements can mean production of hundreds of thousands of pages of documents, if not millions. Federal Rule of Evidence 502(d) was enacted to reduce the costs and risks associated with discovery, and to allow a federal court to protect the privilege of documents that have been inadvertently disclosed. Federal Rule of Evidence 502(d) provides that “a federal court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court – in which event the disclosure is also not a waiver in any other federal or state proceeding.”

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FROM LAW CLERK TO FIRST CHAIR: EFFECTIVE POSITIONING OF TAR

The selection of the actual TAR technology platform, while important, is not the most salient factor required for making optimal use of TAR.  Rather, identifying and seeking collaborative agreement as to the ultimate strategic use and objectives sought from TAR, and really understanding the what, when, why and how to use it, is the most salient factor required to inform your pragmatic decision regarding whether or not to employ a TAR methodology.

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Always Have A Plan

As it is so eloquently stated in the Canadian legal blog, SLAW in the article entitled Practice of Law: Practice Management by Peg Duncan; it is crucial to always have an E-Discovery Project Plan.

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TAGS: E-Discovery, E-Discovery Project Plan, Electronic Data Discovery, Litigation

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