Rules of Civil Procedure regarding subpoenas in need of clarification because of conflicting caselaw regarding the legal standard for issuing a valid subpoena to a third party for discovery.
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
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
Beginning with the December 2006 revisions to the Federal Rules of Civil Procedure, the enactment of Federal Rule of Evidence 502, it is important to understand where we are with respect to the discovery of electronic information.A review of prominent e-discovery decisions of 2008 is a good place to start. Waiver of the attorney-client privilege, … Read more