An “American Style” eDiscovery Trap
The eDiscovery frenzy that has gripped the American legal system over the past decade has largely eluded our European counterparts. This is due in large part to the broad and fastidious protections of European privacy laws. Another reason is found in Europe’s narrower discovery rules, which forbid categorical document requests authorized by the Federal Rules of Civil Procedure
Lions (Quick-Peeks), Tigers (Clawbacks), and Bears (Archiving & eDiscovery), Oh My!
The most comprehensive piece I have read to date on the differences between Quick-Peeks and Clawback Agreements was authored by Ralph Losey (http://bit.ly/kk1V5z). In a careful and thoughtful analysis, he succinctly outlines and clarifies the scope of these agreements, when they should be utilized, and how to draft them to safeguard privileged documents from potential waiver claims
