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Possession, Custody, or Control – Need for a Uniform National Standard – Part II by Michael Berman, E-Discovery LLC.

Possession, Custody, or Control – Need for a Uniform National Standard – Part II

In L.S. v. Bolduan, the court applied the “legal right” test to deny Rule 34 control over documents held by shared defense counsel while signaling that use of those documents could trigger production. The decision underscores the ongoing split among courts and the growing need for a uniform national standard on “possession, custody, or control.”

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