Litigation

Recent Posts

William A. Ruskin: Preserving The Attorney-Client Privilege For In-House Counsel
Posted on 13 Feb 2014 by William A. Ruskin

By William A. Ruskin Courts impose on corporate entities the burden of demonstrating that communications and documents shared with in-house counsel are protected by the attorney-client privilege. When companies cannot satisfy this burden, courts have... Read More

Troutman Sanders LLP: Breaking the Seal: Does Using Third-Party eDiscovery Vendors Raise Privilege and Work Product Issues?
Posted on 14 Aug 2014 by Troutman Sanders

We’re not breaking news when we tell you that the exponential growth of electronic documents generated by clients has complicated the discovery process. Reducing this massive volume of information down to the relevant information needed to resolve... Read More

Predictive Coding: A Primer
Posted on 25 Mar 2013 by LexisNexis Litigation Resource Community Staff

By Amy Jane Longo and Usama Kahf [Editor's Note: Amy Longo is a partner at O'Melveny & Myers LLP and a member of the Firm's Financial Services and Electronic Discovery and Document Retention Practices. Usama Kahf is an associate and... Read More

Williams Mullen E-Discovery And Information Governance Team: A Cautionary Tale For All Litigators And A Must Read For Virginia Attorneys
Posted on 12 Mar 2012 by Williams Mullen

B y Bennett B. Borden and Monica McCarroll Judge Payne's Opinion in ePlus Inc. v. Lawson Software, Inc. is a "must-read" for all attorneys practicing in the E.D. Va. and a cautionary tale for all litigators. Judge Payne provides a primer... Read More

Williams Mullen: Are You Sure You Want Those Documents? Then You Might Have To Pay For Reviewing Them
Posted on 3 Aug 2012 by Williams Mullen

W.D. Va. Explicitly Holds that Courts May Consider the Cost of Reviewing Electronically-Stored Information for Privilege in Assessing Burden of Production and May Shift Cost to Requesting Party Based on Burden; Encourages Cooperation in Developing Privilege... Read More

Williams Mullen E-Discovery Alert: Why Document Review Is Broken
Posted on 23 Aug 2011 by Williams Mullen

By Bennett B. Borden, Monica McCarroll, Mark Cordover & Sam Strickland The review of documents for responsiveness and privilege is widely perceived as the most expensive aspect of conducting litigation in the information age. Over the last several... Read More