Case Studies in Privilege Review: Northrop Grumman Sys. Corp. v. United States

Privilege review requires planning. Attorneys need to ask: what privileges are at issue in a lawsuit? Who could possibly be claiming a privilege? What are the elements of that privilege? Many parties today include a clawback agreement into their discovery orders. Such clawback agreements require, under the Federal Rules of Evidence Rule 502(b)(2) and (3),

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