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Evidence Preservation Failures of Nonparties: Is There Any Recourse?

Dana Post and Samuel Rubin of Freshfields Bruckhaus Deringer US write: While the case law governing nonparty preservation is still evolving and varies widely across states and circuits, nonparties may expose themselves to liability for failure to preserve evidence that is relevant to a litigation.

New Strategies to Protect Privileged Documents From Inadvertent Disclosure

Margaret A. Dale and Joshua M. Kay of Proskauer Rose write: Understanding the protections available under Fed. R. Evid. 502 and implementing practical safeguards during the e-discovery process puts litigators in the best possible position to avoid the production of privileged documents.