Do Courts Routinely Enforce Clawback Agreements?

In a July, 2006 article Andrew Rhys Davies writes:”The difficulty with clawback arrangements is that it is unclear whether they actually preserve privilege. Under the Rules Enabling Act, the new procedural rules cannot modify the substantive law on privilege, so the existing law on inadvertent production will determine whether a clawback agreement preserves privilege in … Read more

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Moving E-Discovery Along, Two Different Approaches

Judges used two different approaches, one “general” and one “specific” in an attempt to keep e-discoveyr moving along.  In Mancia v. Mayflower Textile Service Company, No. 1:2008cv00273 (D.Md. Oct. 15, 2008), the well-respected Judge Paul W. Grimm held that the party requesting discovery must make tailored requests while the producing party must supply specific responses as … Read more

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