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Articles 1 - 4 of 4

Full-Text Articles in Law

Federal Rule Of Evidence 502: Stirring The State Law Of Privilege And Professional Responsibility With A Federal Stick, Henry S. Noyes Mar 2009

Federal Rule Of Evidence 502: Stirring The State Law Of Privilege And Professional Responsibility With A Federal Stick, Henry S. Noyes

Washington and Lee Law Review

No abstract provided.


Corporate Cooperation Through Cost-Sharing, Nicola Faith Sharpe Jan 2009

Corporate Cooperation Through Cost-Sharing, Nicola Faith Sharpe

Michigan Telecommunications & Technology Law Review

Applying a game-theoretic approach based on the classic prisoners' dilemma provides valuable insights into corporate managers' decision-making incentives under existing discovery rules. It demonstrates that the fee structure imposed by current discovery rules leads to inefficiency and motivates corporate litigants on either side of a controversy to employ abusive discovery practices, although each party would benefit from cooperation. Using this framework, this Article shows how a cost-sharing regime can motivate litigants to engage in cooperative discovery and, as a consequence, facilitate more efficient and less abusive discovery practices. To date, scholars, who have posited that cooperative behavior in the discovery …


The Philip F. Reed Lecture Series, Panel Discussion, Sanctions In Electronic Discovery Cases: Views From The Judges, Hon. John M. Facciola, Hon. Elizabeth D. Laporte, Hon. Loretta A. Preska, Hon. Shira A. Scheindlin Jan 2009

The Philip F. Reed Lecture Series, Panel Discussion, Sanctions In Electronic Discovery Cases: Views From The Judges, Hon. John M. Facciola, Hon. Elizabeth D. Laporte, Hon. Loretta A. Preska, Hon. Shira A. Scheindlin

Fordham Law Review

No abstract provided.


Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno Jan 2009

Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno

NYLS Law Review

No abstract provided.