Protecting the Privilege in Electronic Discovery

Presented by

David M. Simon: Partner at Wildman, Harrold, Allen & Dixon LLP

About this talk

This presentation will focus on some of the keys issues presented by the intersection between the vast production burdens imposed by electronic discovery obligations and the importance of preventing unwanted disclosure of information protected by the attorney-client privilege and other applicable protections. Topics will include: resolution of inadvertent production disputes, including Federal Rule of Civil Procedure 26, new Federal Rule of Evidence 502, and professional responsibility obligations; the importance of the Rule 26(f) conference; selective waiver agreements; “quick peek” and “claw back” agreements; compelled production and proposed Federal Rule of Evidence 512; and the role of pre-litigation planning.

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