Robert D Owen

November 14, 2016 | New York Law Journal

Robert D. Owen, Matt Gatewood and Trevor J. Satnick of Sutherland Asbill & Brennan discuss a proposal in New York that would proactively require "Covered Entities" and third parties to enact a uniform, structured set of minimum cybersecurity requirements, eschewing typical state and federal statutory language that requires an entity merely to enact "reasonable policies and procedures."

By Robert D. Owen, Matt Gatewood and Trevor J. Satnick

12 minute read

September 18, 2015 | Legaltech News

The new one-day program will explore the proposed amendments to the FRCP.

By Robert D. Owen

4 minute read

September 18, 2015 | Legaltech News

The new one-day program will explore the proposed amendments to the FRCP.

By Robert D. Owen

4 minute read

January 04, 2010 | New York Law Journal

Robert D. Owen, a partner of Fulbright & Jaworski, writes: In the first several decades after the Federal Rules of Civil Procedure were adopted in 1938, the full pretrial disclosure philosophy functioned well to reduce surprise at trial, promote settlement and achieve reasonably fair results on the merits. But now that case files have grown from a few feet of documents to gigabytes of data, several efforts are underway across the nation to consider modifications or alternatives to our present system.

By Robert D. Owen

13 minute read

October 05, 2009 | New York Law Journal

Robert D. Owen, a partner at Fulbright & Jaworski, and Melissa H. Cozart, counsel to the firm, write: Even though many documents produced during discovery have little value, lawyers spend a lot of time and their clients' money reviewing every piece of information to prevent the inadvertent disclosure of privileged information. By limiting the consequences of inadvertent production, Rule 502 was meant to reduce parties' burden to conduct expensive preproduction privilege reviews. However, the rule has not been shown to provide large costs savings, partly due to courts' varying interpretations of what qualifies as "reasonable" steps to prevent disclosure the producing party took.

By Robert D. Owen and Melissa H. Cozart

14 minute read

March 21, 2011 | Law.com

It's common for parties to voluntarily exchange search terms to increase transparency, ensure documents are not excluded, and limit discovery costs. What should not become common is the forced disclosure of search terms by courts. Not only are search terms not within the bounds of discovery, but are windows into how counsel are considering and evaluating their case.

By David J. Kessler, Robert D. Owen, and Emily Johnston

12 minute read

March 21, 2011 | New York Law Journal

David J. Kessler, Robert D. Owen and Emily Johnston of Fulbright & Jaworski write that although it is common for parties to decide voluntarily to exchange search terms, what should not become commonplace (and, sadly, is starting to) is the forced disclosure of search terms by courts. Not only are search terms not within the bounds of discovery, but they are windows into how counsel are considering and evaluating their case.

By David J. Kessler, Robert D. Owen and Emily Johnston

12 minute read

January 08, 2010 | Legaltech News

The collision of the full pretrial disclosure philosophy of the Federal Rules of Civil Procedure and the inexorable increase in the size of litigation case files (data sets) is driving up litigation costs. Fulbright partner Robert D. Owen looks at groups moving to re-examine the rules.

By Robert D. Owen

13 minute read

May 17, 2011 | New Jersey Law Journal

The impact of compelling parties to disclose search terms

By David J. Kessler, Robert D. Owen and Emily Johnston

11 minute read

October 13, 2009 | Law.com

By limiting the consequences of inadvertent production, Rule 502 of the Federal Rules of Evidence aimed to reduce the burden of conducting expensive preproduction privilege reviews. While the rule provided greater protection against waiver, it failed to deliver large cost savings.

By Robert D. Owen and Melissa H. Cozart

15 minute read