Author Question: What is the purpose of a claw-back clause? What provisions can be made to obtain court sanctions in ... (Read 52 times)

RYAN BANYAN

  • Hero Member
  • *****
  • Posts: 563
What is the purpose of a claw-back clause? What provisions can be made to obtain court sanctions in the language of a claw-back clause?
 
  What will be an ideal response?

Question 2

Describe how a trial notebook can assist a trial lawyer in preparing for trial. Give examples of three tabs that may be contained within the trial notebook.
 
  What will be an ideal response?



Anna

  • Sr. Member
  • ****
  • Posts: 343
Answer to Question 1

A claw-back provision is provided for under FRCP Rule 16 (6): any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after production.. It is important to the legal team and the client because it is the safety net that protects the privileged and confidential materials of the client that are inadvertently disclosed during discovery. The provision can provide for return of the materials, or non-waiver of the privilege.

Answer to Question 2

Effectively managing a case may involve reviewing, sorting, and marking for identification hundreds or even thousands of pages of documents, photographs and other graphics. It also requires managing deadlines for filings such as pleadings and motions. A traditional approach to case management is a trial or case notebook. A three ring binder is divided into tabbed sections with the information included in the relevant sections. Items can be added, removed, and moved to another tabbed section within the binders. In many instances information may be relevant to more than one tabbed section. In that event, multiple copies of items can be placed wherever they might be relevant. Three specific tabs could include a pleadings tab, a depositions tab, and an exhibit tab.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

After a vasectomy, it takes about 12 ejaculations to clear out sperm that were already beyond the blocked area.

Did you know?

Asthma cases in Americans are about 75% higher today than they were in 1980.

Did you know?

One way to reduce acid reflux is to lose two or three pounds. Most people lose weight in the belly area first when they increase exercise, meaning that heartburn can be reduced quickly by this method.

Did you know?

There are more sensory neurons in the tongue than in any other part of the body.

Did you know?

It is believed that humans initially contracted crabs from gorillas about 3 million years ago from either sleeping in gorilla nests or eating the apes.

For a complete list of videos, visit our video library