Discovery Proverbs for 2015

1. Proportionality is a great idea; the difficulty is how to apply it.
2. A 502(d) privilege waiver protection order at the beginning of discovery will prevent future discovery headaches.
3. When creating a privilege log, do it by category and not by document; document by document logging is a waste of time and money.
4. The proposed FRCP rules only provides a basis for discussion. The devil is in the details.
5. If you haven’t already observed, general discovery requests are disfavored.
6. In a motion to compel, it is all about the facts and not the argument.
7. During a motion to compel, the most reasonable side usually wins the dispute.