Federal Rules of Civil Procedure, Confidential Information, Discovery

What If an Adversary Subpoenas Your Client’s Privileged Documents That Are in Someone Else’s Possession?

McGuireWoods LLP on 3/13/2025

Litigation adversaries often trigger privilege and work product disputes when they seek each other’s documents. But what if your client’s adversary subpoenas a third party holding your client’s privileged documents — whose...more

How Does Work Product Protection Apply to Lawyers’ Witness Interview Notes? Two Courts Disagree on the Same Day: Part I

McGuireWoods LLP on 2/27/2025

Litigators frequently interview fact witnesses in pending or anticipated litigation settings. Their interview notes normally deserve fact work product protection, but that can be overcome if the witnesses disappear or their...more

Privilege Log, Privilege Log — It’s All About the Description

Minerva26 on 1/15/2025

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

Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol

EDRM - Electronic Discovery Reference Model on 9/6/2024

In Orlando Health, Inc. v. HKS Architects, Inc., 2024 WL 4025379 (M.D. Fl. Sept. 3, 2024), the court denied an unopposed motion to enter a protective order and an unopposed motion to enter an ESI Protocol....more

March’s Notable Cases and Events in E-Discovery

EDRM - Electronic Discovery Reference Model on 3/22/2024

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. an order from the U.S. District Court for the Eastern District of California granting a motion to compel...more

A U.S. View on the UPC – Part 7: “Discovery”

Haug Partners LLP on 9/25/2023

On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed...more

Aveta And The Use Of Confidential Info In FCA Cases

Morrison & Foerster LLP on 7/20/2016

In a recent case in the District of Puerto Rico, United States ex rel. Valdez v. Aveta Inc., et al., No. 15-cv-01140-CCC (D.P.R.), the former president of Puerto Rican-based managed health care provider Aveta Inc., Jose...more

Federal Rules of Civil Procedure › Confidential Information › Discovery