Recent Practice Points

Claims for Lost Profits Can Lead to Claims for Lost Privilege over Tax Returns

By Joseph V. Schaeffer – February 8, 2019 | Does the prospect of recovering lost profits outweigh the potential loss of privacy?

When Preparing Your Client's Case, Trust but Verify Their Representations

By Joseph V. Schaeffer – December 20, 2018 | Repeating untruths risks not only your credibility with colleagues and the court, but it also risks sanctions under an array of authorities.


E-Discovery Challenges and Information Governance Solutions

By Lucas Newcomer and Johnny Lee – February 14, 2019 | Information governance is a proactive alternative to the challenges of data proliferation.

Transparency or Translucency: Guidance on TAR Protocols Is Not Crystal Clear

By Rose J. Hunter Jones and Priya Kolli Funderburk – February 14, 2019 | There is no one-size-fits-all TAR protocol.

Sound Advice Podcasts

Avoiding Waiver of Privilege under FRE 502

Federal Rule of Evidence 502(d) provides for an effective way to claw back documents and avoid waiver of attorney-client privilege. This Sound Advice includes tips on drafting Rule 502(d) orders and avoiding the murky waters of Rule 502(b) considerations on waiver of privilege. (12:00 min.)

Trends in Discovery for International Disputes

International disputes present unique discovery challenges. Neil Bloomfield discusses three current challenges (i) GDPR restrictions on discovery, (ii) U.S.-based discovery in aid of foreign proceedings, and (iii) the preservation of ephemeral communications. (12:41 min.)

Pretrial Practice & Discovery

Learn how to get involved with the Pretrial Practice & Discovery Committee and maximize your Section membership!