Episode 2: Fighting Tooth and Claw(back)

Published on May 15, 2020

Law & Order: Discovery Dispute Unit

In a mock trial setting to hear arguments from both sides of some common (and maybe a few not-so-common) discovery disputes. We will provide the facts, hear the arguments, render a verdict and discuss the relevant case citations

Discovery related to non-compete litigation goes awry for a dental tech entrepreneur. He produced documents, clawed them back, then produced those same documents again. Join us to hear how discovery disputes around the following are resolved:

  1. Should the plaintiff be permitted to clawback previously produced documents now identified as privileged pursuant to Rule 502(d)?

  2. Did plaintiff’s privilege review methodology take unfair advantage of the maximum protection provisions of Rule 502(d)?

  3. Should plaintiff adopt other cost-effective screening methodologies for privilege screening and/or be subject to the provisions of Rule 502(b) instead of Rule 502(d)?