X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Electronic discovery was originally viewed as a much more efficient way of collecting documents in the course of discovery. That ease of storage, search, and retrieval, however, led to the exponential growth of the volume of data being collected and reviewed. This has led to more burdens and more discovery disputes. Grappling with the associated delays and discovery motions, courts have fashioned more creative discovery processes. One such mechanism is the “quick-peek” agreement. Viewed as a mechanism for parties to exchange data quickly without the fear of waiving privilege or its subject matter, courts started to consider the mandatory use of the quick-peek to streamline discovery in 2014.

On Oct. 29, 2014, Judge John T. Copenhaver of the Southern District of West Virginia issued an interesting order that set forth the court’s authority to order the “quick-peek” of privileged documents over a party’s objection under Federal Rule of Evidence (FRE) 502. Good v. Am. Water Works Co., No. 2:14-01374, 2014 WL 5486827 (S.D. W.Va. Oct. 29, 2014). In Good, the parties had agreed to use technology assisted review to outline the scope of data to be produced. Id. at 2. Plaintiffs requested a quick-peek order to prevent defendants from engaging in a privilege review prior to production. Id. at 1. The court found, however, that a quick-peek order was not yet necessary—that defendants had not shown any signs of delaying discovery as a result of their privilege review, and there was not yet a dispute over documents being withheld as privileged. Id. at 3. In its dicta, however, the Good court emphasized the value of a quick-peek order as a means to hasten discovery, expressly noting it was within the court’s inherent power to enter such an order even over objection of a party. Id.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.