May 14, 2010, Newsletter Issue #18: Antitrust Settlement
Tip of the Week
In some antitrust litigation, the defendant entity realizes it is in the wrong, or does not want to continue litigation (this can be for a number of reasons, only known to the defendant). For whatever reason, the antitrust litigation may result in a settlement, but the discovery process is usually completed prior to settlement.
The discovery process includes provision of all documents available to both sides, including any electronic discovery. Electronic discovery includes emails and other digital documents that are discoverable.
During the discovery process, all relevant documents must be provided to opposing counsel, with the exception of documentation that is considered privileged. Privileged documents are usually documentation between attorneys and their clients, but there are other documents that may be non-discoverable.
Temporary attorneys can be used to review emails and other digital documents for content to determine whether the documents contain information that falls under attorney-client protection or other confidentiality laws or rules, making the document non-discoverable.
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