False Claims Act Insights - Is DOJ Allowed to Share Privileged Documents with Whistleblowers in FCA Disputes?
Collecting evidence in litigation is critical to building a strong case, but it can be tricky – especially when opposing counsel raises objections. When subpoenaing records from a third-party witness, disputes often arise...more
A privilege log is a critical component of the discovery process,. It provides a line-by-line account of confidential communications, documents, and other materials that have been withheld or partially redacted due to claims...more
The E-Cla[i]res recently sat down with Phoebe Gebre Integreon VP – Litigation Services, and Chair of the Litigation Technology Committee....more
Recent developments in eDiscovery case law highlight significant trends legal counsel, eDiscovery professionals, and business leaders should keep an eye on, including the growing complexity of privilege assertions, the...more
For litigants in foreign courts, 28 U.S.C. § 1782 has long been a promising, if finicky, tool to access discoverable materials by filing an ex parte application in U.S. federal district court. The statute provides certain...more
On January 28, 2025, the U.S. Court of Appeals for the Ninth Circuit issued a significant ruling reinforcing the Fifth Amendment’s protection against self-incrimination and clarifying the attorney-client privilege in the...more
By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more
In its decision last year in Aabar Holdings SARL v. Glencore PLC & Others, the High Court handed down a landmark ruling overturning the ‘shareholder rule’, which has been applied to the analysis of legal professional...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of January 19-25. Here’s what’s...more
The decision in Cook v. Meta Platforms, Inc., 2024 WL 251942 (N.D. Cal. Jan. 21, 2025), packs a lot into very few pages. In two instances, where Meta had offered a compromise solution, the court held Meta to that offer....more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of January 5-11. Here’s what’s...more
A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more
The construction industry faces unique challenges in eDiscovery, from managing vast data volumes to protecting sensitive communications and plans. HaystackID®’s upcoming webcast will explore practical and advanced artificial...more
Host Jonathan Porter welcomes Husch Blackwell partner Kip Randall back to the program to dig deeper into Omni Healthcare, Inc. et al v. MD Spine Solutions LLC et al., a False Claims Act litigation in which the defendant...more
In OL Private Counsel, LLC v. Olson, 2024 WL 4839277 (D. Utah Nov. 20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena....more
In Stuart v. County of Riverside, 2024 WL 3086634, at *3 (C.D. Cal. Jun. 14, 2024), the District Court found a relationship between work product designations and triggering of the common-law duty to preserve....more
As we stand on the cusp of a new era in legal technology, a pressing question emerges: Will generative AI put an end to privilege log disputes? The EDRM Privilege Log Protocol was formulated to simplify and enhance the...more
I have never heard of a “destruction/unavailable” log; however, in the comprehensive – indeed, exhaustive – decision of Leprino Foods Co. v. Avani Outpatient Surgical Center, Inc., 2024 WL 4488711 (C.D. Ca. Sep. 30, 2024),...more
Afraid you won’t be up to date on important case law? Our October 2024 monthly webinar of cases covered by the eDiscovery Today blog will remove all your fears! During the webinar we will discuss disputes related to relevance...more
Given the bare bones nature of many privilege logs, courts sometimes may be called upon, or themselves decide, to review withheld documents in camera to assess the grounds for the documents’ withholding. A handful of courts...more
Corporate litigants’ privilege logs often trigger privilege disputes about internal corporate communications not involving a lawyer — because the log does not mention a lawyers’ participation. But there are at least two...more
Vault Reciprocal Exchange v. Luria, et al., 2024 WL 948632 (Fla. 3rd DCA 2024) - During discovery, Vault Reciprocal Exchange responded to Luria’s request for production and preemptively filed a privilege log, which objected...more
Burdensome. Time-consuming. A drain on resources. This has characterized traditional privilege logging process. In May 2024, The Sedona Conference Working Group 1 introduced its Commentary on Privilege Logs, offering tools...more
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more
There are few things more dreaded in discovery than the time-consuming, tedious, onerous, beastly privilege log – especially in complex litigation matters involving thousands of pages of documents. These logs, however, are a...more