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#Nofilter: How Discovery Filter Teams Breach Privilege Rights And Why They Require Stricter Regulation, Kelly Murray
#Nofilter: How Discovery Filter Teams Breach Privilege Rights And Why They Require Stricter Regulation, Kelly Murray
Global Business Law Review
This note examines the Supreme Court’s substantial need to weigh in on how filter teams should be used given current circuit splits and identifies several best practices to remedy the issues they currently present. Part I discusses the principal issues for which filter teams are scrutinized. Namely, numerous district courts hold that filter teams provide the government with the unfair advantage of determining which materials from their opposing counsel are privileged. This often leads to an overly broad inclusion of privileged documents, which can violate defendants’ Sixth Amendment rights to a fair and complete trial. Some courts even go so …
Force Majeure Clauses At The Age Of Covid-19: How Should Courts Interpret Them And Why A Conservative Application Is Necessary, Dorothy Swagler
Force Majeure Clauses At The Age Of Covid-19: How Should Courts Interpret Them And Why A Conservative Application Is Necessary, Dorothy Swagler
Global Business Law Review
A force majeure clause aims to define the scope of unforeseeable events that may excuse or delay a party’s performance. In the wake of the Coronavirus (COVID) pandemic, many parties to disputes attempted to turn to force majeure clauses written in boilerplate language. COVID is distinguishable, however, from other historical force majeure events because of its rapid global development and international economic impact brought upon by government restriction and access issues. In effect, these boilerplate clauses coupled with this novel pandemic, left parties in dispute ill-equipped to know whether their force majeure clause was enforceable. This resulted in a flood …