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for: ‘August, 2007’

The State of the Judiciary: 2007

Thank you, Pat, for that kind introduction. First, let me recognize and applaud Pat Kelly for the outstanding job he has done over the past year as Bar president. Thank you, Pat, for all of your hard work and your leadership — and for your strong support of the judiciary’s successful budget request this year at the […]

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Issuing and Managing Litigation-Hold Notices

Courts increasingly are interpreting the obligation to preserve evidence as one that attaches as soon as a party reasonably anticipates litigation or a government investigation. Corporations and their counsel must therefore exercise added care to ensure that relevant documents and other materials are preserved and managed in good faith. The law imposes on litigants and […]

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Inadvertent Disclosure of Privileged Information

Risks associated with the inadvertent disclosure of privileged or work-product evidence have grown recently but courts are divided in their response.  Careful preparation and review of documents being produced in response to a discovery request remains the best way to avoid inadvertent waiver of privilege. Accidentally producing privileged or work-product evidence is among a lawyer’s worst […]

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