Recent Practice Points

Another Court Approaches Discovery on Discovery with Skepticism

By Joseph V. Schaeffer – April 17, 2019 | Home Depot enhances its credibility with the court and avoids expensive and potentially precedent-setting discovery.

Spoliation Sanctions Are a Discovery Issue, Not a Last-Minute Trial Tactic

By Andrew J. Felser – March 28, 2019 | Act, don’t wait, or the court can refuse to consider an untimely spoliation motion.


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!