A lack of knowledge about FRE 502(d)—the easiest and most fool-proof of safety nets—has kept attorneys and judges from utilizing the valuable claw back provision. But Judges Andrew Peck and Paul Grimm warn that, with increasing digital evidence, such ignorance is tantamount to malpractice.
February 24, 2023 at 05:46 PM
7 minute read
Legal Tech Reporter
Accidents happen—even to the most careful lawyers.
An attachment gets unintentionally tacked on to an email. A Slack message gets copied and pasted by an associate. In rarer, more notorious cases, an entire Dropbox file full of privileged goodies falls through the cracks and into the laps of opposing counsel.
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