by Joshua Neil Rubin | Apr 26, 2016 | Uncategorized
In 1997, Judge D. Brooks Smith (W.D. PA) ordered the defendant in a class action to produce its counsel’s database of potentially responsive documents or suffer the consequences. One reason I sought that order was to cut through what would otherwise have been an...
by Joshua Neil Rubin | Oct 8, 2014 | Uncategorized
In any case where emails between the parties will be discoverable, the parties should collect and jointly analyze the emails between them, before the initial scheduling conference, in order to agree on an efficient and proportional ediscovery plan and to attempt early...
by Joshua Neil Rubin | Aug 6, 2014 | Uncategorized
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...
by Joshua Neil Rubin | Jul 20, 2014 | Uncategorized
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. It’s...
