Archive of Discovery

Costs of Electronic Discovery Initially Borne By Responding Party

on Mar 02 in Discovery, Practice & Procedure tagged , by Anthony Rao

Clients often ask us after receiving document demands seeking massive electronic discovery costing thousands of dollars to gather and produce: “who pays?” According to New York’s Appellate Division, First Department, although New York’s Civil Practice Laws and Rules are silent on the subject: “you do, but you can try to shift the costs later.” In [...]

California Supreme Court Holds Wage & Hour Audits Performed by Outside Counsel are Privileged

on Dec 03 in California, Discovery, Policies tagged , , by Anthony Rao

A continual fear in conducting a wage & hour audit of your company’s procedures and policies is that the audit will find violations or weaknesses that you will later be forced to reveal through discovery in a wage & hour lawsuit. Ironically, this concern sometimes prevents companies from conducting these important wage & hour audits [...]

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