Andrew Rhys Davies

July 26, 2018 | New York Law Journal

The last time it confronted the issue, in 2012, the SEC effectively blocked the IPO of a U.S. company, Carlyle Group, whose governing documents required the arbitration of federal securities claims.

By Andrew Rhys Davies

2 minute read

July 24, 2006 | Law.com

The difficulty with "clawback," or nonwaiver, agreements in litigation is the lack of clarity over whether they actually preserve privilege. The case law regarding them is all over the map. Add complex e-discovery to the mix and dispensing with a privilege review looks risky -- unless the courts can be persuaded that new realities require a new legal standard. With proposed amendments to procedural rules coming, a key question looms: What are reasonable precautions to protect privilege in a particular case?

By Andrew Rhys Davies

10 minute read

July 24, 2006 | Legaltech News

The trouble with "clawback" agreements is the creeping doubt over whether they actually preserve privilege. Unless courts accept that new realities such as e-discovery require a new standard, dispensing with a privilege review in a case looks risky. Can clawback get a grip?

By Andrew Rhys Davies

10 minute read