The E-Discovery 502(d)ilemma: Attorneys Continue to Neglect an 'Amazing Level of Protection'

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.