Discovery; falling off a (privilege) log

Article Abstract:

Issues are discussed regarding the danger attorneys face of waiving genuine privileges when they assert try to assert dubious ones during discovery. The example of Minnesota v. Philip Morris Inc is discussed, where attorneys submitted a log inadequate to show a valid claim a privilege was asserted and when the court allowed an in camera review,.including documents on the log which were not truly privileged.

Privileges and immunities

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Discovery; an ounce of protection

Article Abstract:

The use of protective orders to prevent the disclosure of trade secrets is discussed. These may not be of much use during litigation, when the other side can legally seek full discovery of trade secrets. Other problems include disclosure being easier when consultants are needed to help attorneys understand evidence.

Trade secrets, Protection and preservation

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Discovery; pay to play

Article Abstract:

Federal Rule of Evidence 26's requirement that a party taking expert discovery pay the opposing expert a reasonable fee is discussed. Reimbursement just applies to the deposition and matters related to it, and does not include answering interrogatories or preparing the expert report. Case law is discussed.

Economic aspects, Evidence, Expert, Expert evidence

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