Federal judges can and will make use of protective orders to shield litigants from waiving privilege if they inadvertently produce privileged documents -- and the high cost of production and the volume of ESI militates in favor of entering an order. In two recent cases, nonwaiver agreements arose only after a series of other discovery disputes.
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Broad Federal Court Powers Under Evidence Rule 502(d)
New York Law Journal
April 8, 2011
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