In a recent article published in Law360, Beware of Conditional Reponses to Discovery, Gregory J. Leighton, Kevin C. May, and Andrew S. Fraker of Neal Gerber & Eisenberg LLP discuss the growing number of cases in which federal judges have scrutinized conditional discovery responses—responses that assert objections but state that documents will be produced “subject to” or “reserving” the objections. Because the use of this type of response is commonplace, and because the potential consequences—including wholesale waiver of objections—suggested by recent decisions could be severe, the issue is worth careful consideration.
Continue Reading To Be Or Not To Be Produced—That Is The Question

Luke van Houwelingen
Luke van Houwelingen is a litigator in Crowell & Moring's Washington, D.C. office, where he practices in the Antitrust and Competition Group. Luke represents clients in transportation, health care, and other industries in antitrust and other complex civil litigation and arbitration.
Luke currently represents clients in several major antitrust litigations, including a Class 1 railroad in defense of Sherman Act Section 1 multidistrict litigation alleging a conspiracy to fix fuel surcharges; a major U.S. airline defending Section 1 claims alleging a conspiracy to restrict capacity for domestic air travel; and a large global hospitality company in lawsuits by a putative consumer class and a downstream online travel agency alleging collusion to restrict online keyword search advertising.
Luke is also active in pro bono matters, with an emphasis on disability rights and special education litigation, and has been honored for his pro bono work with Crowell & Moring's George Bailey pro bono award..
Prior to joining Crowell & Moring, Luke clerked for the Honorable Helen G. Berrigan of the United States District Court for the Eastern District of Louisiana.