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Staying in ‘control’ of third party discovery

Early notice to third parties could, at a minimum, help streamline discovery and, in some cases, help avoid discovery sanctions

As we discussed in the first segment of this series on third party discovery, a company may be responsible for preserving and/or producing documents of its third party consultants depending on how the jurisdiction in which the case has been brought defines the word “control” as used in Fed. R. Civ. P. 34. This installment looks at how different jurisdictions view this critical concept.

“Control” defined

Contributing Author

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Sandra C. McCallion

Sandra C. McCallion is a partner at Cohen & Gresser LLP and a member of the firm’s Litigation and Arbitration and Intellectual Property and Technology...

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Contributing Author

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Melanie A. Grossman

Melanie A. Grossman is an associate in Cohen & Gresser LLP’s Litigation and Arbitration practice group.

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