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To CC or Not to CC: That Is the Privilege Question

Does anyone recall the etymology of the “cc” option in our emails? I do. Before the advent of copying machines, […]

How the Courts Are Enforcing Proportionality in Discovery

In December 2015, Congress and the Supreme Court introduced amendments to the Federal Rules of Civil Procedure designed to control […]

Who Decides Arbitrability?

More and more contracts contain arbitration clauses, as parties realize that arbitration can be an efficient and cost-saving way to […]

Compliance Reboot At The Antitrust Division

In my column in the June/July 2014 issue of Today’s General Counsel Magazine, I called on the Antitrust Division to […]

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