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The Outer Limits of discovery? The Actavis decision and production

[Orwellian Narrator] "There is nothing wrong with your television set.... You are about to experience the awe and mystery which reaches from the inner mind to... The Outer Limits."

Most practitioners view the implications of the Actavis decision(s) as a cosmic departure from reality. Relevance has served as an express limitation on the scope of discovery ever since the Federal Rules were promulgated in 1938. So how can the Court order the production of documents without a relevance review, subject only to an eventual clawback?

Join our panelists as they take a closer look at the practice surrounding the production of irrelevant materials, particularly in light of modern review techniques. We will explore jurisprudence and alternatives from agreed production to mandatory production, from slip-sheets to redaction to exclusion. Topics to be covered will include:
•Client perspectives and the implications of confidential commercial information versus general civil litigation;
•The evolution of production of irrelevant documents as a function of technology-assisted review;
•Non-responsive documents and government investigations;
•Production and the irrelevant family member; and
•Deadlines, sanctions, privilege screens and clawbacks.

All registered will receive a link to the recording and related resources.

Speakers:
Lea Malani Bays, Of Counsel, Robbins Geller Rudman & Dowd LLP
Robert Keeling, Partner, Sidley Austin LLP
Tom Gricks, Lead Strategy Consultant, OpenText
Recorded Dec 10 2020 63 mins
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Presented by
Lea Malani Bays, Robert Keeling and Tom Gricks
Presentation preview: The Outer Limits of discovery? The Actavis decision and production
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  • Title: The Outer Limits of discovery? The Actavis decision and production
  • Live at: Dec 10 2020 4:00 pm
  • Presented by: Lea Malani Bays, Robert Keeling and Tom Gricks
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