Limiting The Scope Of Discovery Through Contract

Law360 (October 4, 2018, 1:33 PM EDT) -- The Federal Rules of Civil Procedure explicitly direct federal courts to interpret the FRCP “to secure the just, speedy, and inexpensive determination[s]” of cases.[1] Yet few, if any, attorneys would recommend litigation in federal court as the quickest or most cost-effective way for their clients to resolve disputes arising out of sophisticated transactions. Motion practice can take months (or even years in some instances), and fact and expert discovery can take even longer. This creates an expensive and time-consuming process for businesses that thrive on predictability and a laser-like focus on their core mission, not distracting litigation. The question thus arises:...

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