The Adventure of the Missing 502(d) Order
It may be the greatest unsolved mystery in the legal practice: the case of the missing 502(d) order. These orders can act as a strong shield against the waiver of privilege or protection when information is inadvertently produced during litigation—providing much more protection than a clawback agreement alone.
Yet observe the typical courtroom today and such orders will almost never be found. Why?
Join Judge Andrew J. Peck as he discusses the potential benefits of 502(d) orders, why and how to use them, and why so many lawyers are failing to fully protect client information during litigation.
About Judge Peck:
Judge Andrew J. Peck has been a leading name in eDiscovery since 1995, when he was first appointed Magistrate Judge for the Southern District of New York. Just a few months after taking the bench, shortly after O.J. Simpson’s trial concluded and Windows 95 was released, Judge Peck issued a key eDiscovery opinion, ruling that companies must make electronic versions of their computerized data available during discovery.
In the years that followed, Judge Peck penned several widely influential opinions, from the first opinion approving the use of predictive coding in Da Silva Moore v. Publicis Groupe to a recent warning to the bar over boilerplate discovery objections in Fischer v. Forrest. Judge Peck retired from the bench in March and now serves as senior counsel at DLA Piper.