Posts Tagged ‘privilege’
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- April 1st
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Privileged Communications Have to Actually be Privileged to be Immune
The brief order by the First Department Appellate Division doesn’t delve into much background (or really any background at all) as to the facts of the present case, however, it does shed some light on discovery matters. The prior order had directed t…
posted at 11:00am on Apr 1st
- March 13th
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Is What You Post On Facebook Discoverable? The Answer Is… Maybe.
We often hear that we should be careful about what we post on the internet. But no matter how many times we hear this good advice, it seems like we have all posted something on the internet that we later regret. Unfortunately, the internet is not a…
posted at 11:00am on Mar 13th
- March 6th
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Top Reasons to Use a 3rd Party Expert in eDiscovery Matters
I recently had the opportunity to work as a Court appointed expert working on behalf of the judge, to advise the parties on eDiscovery issues when they couldn’t agree on a protocol. The case has since settled and I can’t disclose the details of the matter, but the case definitely got me thinking more about using neutral experts in complex eDiscovery cases. Over the years, law firms and eDiscovery providers have hired well known eDiscovery experts to help differentiate their position in the market place. Often these experts are brought into cases as partisan experts, which inherently signifies a level of biasness. Granted, I can tell you most of the reputable experts I’ve worked with in the past have high integrity standards and do their best to guide the matter in a reasonable manner. However there have been cases of [...]
posted at 9:00am on Mar 6th
- February 27th
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Bold Failures to Hold Can Leave Your Evidence out in the Cold
Take caution not to destroy documentation when litigation is on the horizon! When litigation is reasonably anticipated, the parties have an affirmative obligation to ensure that documentation is not negligently or willfully destroyed. Failing to re…
posted at 11:00am on Feb 27th
- January 28th
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Federal Judge in Illinois Denies Media Group’s Motion to Intervene Under FRCP 24(b)
Despite the importance of the general right to public access of court proceedings, a federal judge in Illinois ruled that a media group could not intervene in a lawsuit because, although it had standing, intervention would cause undue prejudice.
posted at 11:00am on Jan 28th
- November 26th
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There’s No Sneaking Around FRCP Rule 30: Surreptitious Text Messages to Communicate with a Client During a Deposition Are Not Privileged
As text messages have become an increasingly common way for people to casually communicate, they are also being used as a method for attorneys to communicate legal advice to their clients. However, the line must be drawn when attorneys try to use tex…
posted at 11:00am on Nov 26th
- September 28th
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In-house counsel protecting privilege – the dual role
In-house counsel play dual roles of business person and attorney, often at the same time. One of the challenges during litigation is to parse out those roles in order to protect the attorney-client privilege.
The post In-house counsel protecting privilege – the dual role appeared on InhouseBlog.com.
posted at 5:21am on Sep 28th
- September 20th
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The Price of Privilege: Protective Orders and E-Discovery Costs
As has been well-documented by commentators, the advent of electronic discovery has resulted in a number of challenges with respect to conducting and managing document discovery. Due to the sometimes staggering burden and expense imposed by having atto…
posted at 9:53am on Sep 20th
- September 19th
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A Judge’s Viewpoint: The Court vs. Government Regulators in an Investigation
INTERVIEW WITH Former United States Magistrate Judge, District of New Jersey, Ronald Hedges Former United States Magistrate Judge, District of New Jersey, Ronald Hedges, will be giving perspectives on ESI Production and Presentation and the approach of the court vs. government regulators at the upcoming IQPC eDiscovery for Financial Services and Government Investigations Summit. In this interview, Judge Hedges talks about the scope of an investigation from a judge’s viewpoint. Amber Scorah: What is the scope of an investigation from a judge’s viewpoint and when does he care? Judge Hedges: Well, the simple answer to that question, as a general proposition, is a judge doesn’t care because a judge is not going to be involved in, so to say, policing the investigation unless something collateral happens. What I mean by that is, let’s assume that a company is being investigated [...]
posted at 9:00am on Sep 19th
- September 12th
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Inadvertent Production Results in Waiver of Attorney-Client Privilege as to 347 Pages of Emails
Inhalation Plastics, Inc. v. Medex Cardio-Pulmonary, Inc., No. 2:07-CV-116, 2012 WL 3731483 (S.D. Ohio Aug. 28, 2012)
In this case, the court held that privilege had been waived as to 347 pages of inadvertently produced emails where, among other things…posted at 2:57pm on Sep 12th
