Second Circuit finds that attorney-client privilege and confidentiality order outweighs proportionality concerns in reversing order to subpoena documents for foreign proceeding
On July 10, 2018, the United States Court of Appeals reversed an order where the district court had granted appellee’s petition to subpoena documents from the appellant law firm.
Court rejects both parties’ search terms as over-inclusive and not proportional
On June 4, 2018, Magistrate Judge Elizabeth A. Preston Deavers rejected both lists, citing burden and proportionality concerns.
Practical considerations for litigating proportionality
It is not enough to present the court with a litany of numbers to quantify the volume of information sought.
The primary objective for the target of a government investigation is to avoid being sued.
Federal Rules of Civil Procedure
The 2015 amendments to the Federal Rules address not only the more “exotic” sources of electronically stored information (ESI), but also emphasize the value of cooperation among parties.
- Technology-Assisted Review
- Mobile Discovery
- Internet of Things
- Big Data
- Federal Rules of Civil Procedure
- Government Investigations
- Social Media
- Data Analysis
- Predictive Coding
- Foreign Language
- Early Case Assessment (ECA)
- Email Threading
- Document Review
- Cost Recovery
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