• The Triggers for Work Product Protection and the Duty to Preserve Are Not Identical
  • November 20, 2017 | Authors: Robert D. Owen; Melissa L. Fox
  • Law Firms: Eversheds Sutherland (US) LLP - Atlanta Office; Eversheds Sutherland (US) LLP - New York Office
  • Partnering Perspectives

    Full article

    Some Federal Courts have conflated the triggers for work product protection and document preservation. In their article for the Fall 2017 edition of Partnering Perspectives, Eversheds Sutherland (US) attorneys Robert Owen and Melissa Fox explore some of the decisions that mix the preservation and work product protection triggers, and discusses why courts should reject the false equivalence between these two triggers that some have embraced.