As shown below, any federal court has the absolute statutory authority, which it should exercise immediately upon the filing of any action, to unilaterally enter an order that provides as follows (an “EDiscovery Privilege Order”):
1) No communications between any of parties hereto concerning ediscovery in this action shall waive the attorney-client privilege or work-product protection in this action or in any other federal or state proceeding, including but not limited to any federal court-annexed or federal court-mandated arbitration proceedings. Continue reading →
The following Order encourages disclosures between the parties about ediscovery by making certain communications non-discoverable and inadmissible, and by ensuring that those communications will not waive any otherwise applicable privilege or protection.
Joe Looby’s unique historical documentary, The Decade of Discovery (10th Mountain Films), shows how a few lawyers, judges, and scholars recognized the scope of the looming electronic discovery juggernaut and took the first major systematic steps to rein it in. Continue reading →