Washington, D.C. partner Jay Brudz and associate Stephen Wallace co-authored an article that was published in Inside Counsel. The article, titled “Technology: Yes we Kant! Enforceable e-discovery clauses follow the Golden Rule,” is the second article in a special series.
The article discusses how the discovery-limiting clauses of a contract can be enforceable, using the Golden Rule as a “rule of thumb.” Jay says that when drafting a commercial contract, limiting your initial efforts to contracts with relatively sophisticated counterparties and making sure the terms are fair and reasonable will give you the best possible chance of having your terms enforced if and when they are challenged in litigation.
To read the full article, click here.