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Quick Peek

On December 1, 2006, important amendments to the Federal Rules of Civil Procedure took effect.  These new rules apply to all newly filed federal cases, and to the extent practical, certain pending cases.  These new federal rules include changes that will greatly impact the discoverability of electronically stored information.  Lawyers and their clients will now be required to have a comprehensive understanding of where and how their electronic data is stored and how best to efficiently navigate the burdens, costs, and pitfalls of discovery.

 

The "Quick Peek" Amendment

In order to reduce the scope and cost of overall discovery and dramatically reduce the cost of privilege review, FRCP Rule 26(b)(5) has been amended to provide for a “quick peek” agreement.  A quick peek agreement involves the purposeful disclosure of information, without intending to waive a claim of privilege, with an express reservation of rights to assert privilege at a later point in the discovery process. 

A quick peek agreement works in the following manner:  (i) the requesting party issues its request, and the responding party responds by making all the potentially relevant information available for inspection; (ii) the requesting party reviews the information and designates that which is responsive to its requests; and (iii) the responding party then reviews the designated information for privilege and other considerations, and then produces that which it believes is relevant and non-privileged.

 

The Technology Solution

eDirect Impact’s Quick Peek, is an innovative technology solution specifically designed to maximize the efficiencies of a quick peek agreement and provides tremendous time and cost savings for counsel and their clients.

Quick Peek Features and Benefits

  • Protect data from being altered or destroyed

  • Control what metadata fields opposing counsel can see

  • Easily mark data for further review and production

  • Protect the data from unwarranted usage (such as printing)

  • Create definable access rights

  • Web-enabled review platform with enhanced security that meets NIST and DOJ standards

  • Automated and customizable production platform produces greater consistency, predictability, and time and cost reduction

 
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