Professor Noyes Interviewed in CA Lawyer
January 4, 2009
Professor Henry S. Noyes was interviewed and quoted in California Lawyer in an article entitled, “e-Discovery Options.” Professor Noyes commented on recently-enacted Federal Rule of Evidence 502, stating that the purpose of the new rule “is to relieve the disclosing party [in discovery] of the burden and cost of paying its attorneys to conduct a document-by-document review of the material that will be produced during discovery.” He also stated that “[i]n order to be effective, however, entry of an order must relieve the disclosing party’s attorneys of their state-imposed obligation to review their client’s confidential information before producing it to the requesting party during discovery.” He therefore concludes that the new rule “is either worthless, or it preempts state ethical rules.” Read article…