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HTMLProtect Your Privilege With FRE 502(d): Lessons From Great-West Life & Annuity Ins. Co. v. Am. Econ. Ins. Co.
Bennett B. Borden, Jay Brudz, Sanjeet S. Ganjam; Drinker Biddle & Reath LLP;
Legal Alert/Article
October 2, 2013, previously published on September 26, 2013
This week, the U.S. District Court for the District of Nevada upheld a Federal Rule of Evidence (FRE) 502(d) claw back agreement intended to protect against the waiver of privilege upon the inadvertent disclosure of privileged material. Great-West Life & Annuity Ins. Co. v. Am. Econ. Ins. Co.,...

 

HTMLProposed Amendments to Federal Rules of Civil Procedure May Significantly Impact Discovery
Bennett B. Borden, Amy P. Frenzen; Drinker Biddle & Reath LLP;
Legal Alert/Article
August 19, 2013, previously published on August 15, 2013
The Civil Rules Advisory Committee has published proposed amendments to the Federal Rules of Civil Procedure that, if implemented, may significantly change the scope and conduct of discovery in federal cases. The proposed amendments were published today, August 15, and are summarized below. We...

 

HTMLJudge Scheindlin Issues Important New Guidance on Preservation and Sanctions Analysis in Sekisui Am. Corp. v Hart
Bennett B. Borden, Mark H.M. Sosnowsky; Drinker Biddle & Reath LLP;
Legal Alert/Article
August 19, 2013, previously published on August 16, 2013
The knowing destruction of evidence alone is sufficient to warrant an adverse inference instruction according to a decision issued in the United States District Court for the Southern District of New York yesterday, August 15th. District Judge Shira A. Scheindlin’s opinion and order reversed...