Court Refuses to Enter Fed.R.Evid. 502(d) & “Clawback” Order Without Agreement; Also Refuses to Order Production of Responsive Documents That Do Not “Hit” on Search Terms
In Medal v. Amazon, a federal court refused to enter a Rule 502(d) clawback order without party agreement and declined to require production of responsive documents not captured by search terms. Michael Berman respectfully disagrees on both counts, drawing on legislative history, advisory committee notes, and circuit authority.