Product Liability Advocate

Product Liability Advocate

Category Archives: e-Discovery

Subscribe to e-Discovery RSS Feed

Objections to Document Demands Under Amended Rule 34

Posted in e-Discovery, Product Liability, Technology and electronic products
The approach of objecting to document demands with boilerplate language containing half a dozen or more objections that have no actual nexus to the demands at issue has been used by litigators for decades. However, this approach is no longer acceptable in federal courts. December 1, 2015, marked the enactment of a substantial package of… Continue Reading

FRE 502(d) – An Underutilized “Safety Net” in Document Intensive Litigation

Posted in e-Discovery, General Litigation, Product Liability
The inadvertent disclosure of privileged material may haunt a company for years, particularly in today’s era of pattern litigation and increased collaboration within the plaintiffs’ bar. Fortunately, in matters pending in federal court, this consequence can be avoided through the use of Federal Rule of Evidence (FRE) 502(d). The attorney-client privilege is arguably “the most… Continue Reading

E-Discovery Matters: “A Guide to ESI Preservation Responsibilities”

Posted in e-Discovery, General Litigation
I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities [updated January 2016]. I believe this white paper serves as a useful resource to anyone dealing with the complicated issue of preservation of electronically stored information (ESI), particularly in product liability matters. The duty to preserve ESI and… Continue Reading

E-Discovery Requests have Skewed the Playing Field

Posted in e-Discovery, General Litigation
During the past decade, the discovery of electronically stored information (ESI) has come to the forefront of litigation. In particular, e-Discovery has created significant challenges in product liability actions where plaintiffs can seek tremendous volumes of ESI while having virtually no document production burdens of their own. Perhaps some plaintiffs are truly seeking that one… Continue Reading