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Attorneys nationwide are preparing to practice under the new electronic discovery amendments to the Federal Rules of Civil Procedure, which became effective on Dec. 1. The amended rules require parties in civil litigation to confer about e-discovery issues at the earliest time practicable. See Amended Fed. R. Civ. P. 26(f). One of the matters that parties should be prepared to address during this initial discussion is the assertion of privilege claims as to e-mails that are part of larger “strings” comprising both privileged and nonprivileged e-mails. Focusing on this issue before discovery begins may enable attorneys to decrease the costs of discovery and reduce the risk of court-ordered sanctions.

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