Posts Tagged ‘privilege’
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- January 24th
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Walking the Lines of Transparency and Attorney-Client Privilege for ESI – An Interview with Sarah Jane Gillett, Partner at Hall Estill
In the highly litigious oil and gas industry, outside counsel must ensure that they have conducted adequate due diligence in managing and producing electronic evidence. The line of transparency and privilege is a difficult one to walk. In part one of this two-part interview, Sarah Jane Gillett, Partner at Hall Estill, gives an overview of the increased responsibility to preserve and subsequently produce relevant documents in various forms, and some insights into what exactly is protected by attorney-client privilege: AS: Can you give a brief overview of the increased responsibility to preserve and subsequently produce relevant documents in various forms? Sarah Jane Gillett: There is no question that counsel today must be cognizant of the responsibility to identify and potentially collect various forms of evidence at an extremely early stage of any litigation or investigation. While the Federal Rules of [...]
posted at 11:42am on Jan 24th
- January 14th
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E-mails sent to in house counsel for “simultaneous review” not privileged
Master Short of the Ontario Superior Court of Justice issued a decision on December 21st in which he held that e-mails merely copied to in house counsel were not subject to solicitor-client privilege. Here is the principle Master Short endorsed: If the document was prepared for purposes of simultaneous review by legal and non-legal personnel, [...]
posted at 12:04pm on Jan 14th
- December 19th
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Getting the Most From the Custodian Interview
Interviewing key custodians is a crucial phase of the eDiscovery lifecycle. Information gathered during this phase helps you identify the distribution of relevant documents in the corporation and gives you valuable information as you continue to identify relevant documents – as well as aids in privilege review, deposition preparation and trial preparation. It is important that custodian interviews are properly documented for defensibility purposes. To aid in documentation and to ensure consistency across interviews, our teams often develop an interview form that allows the interviewer to type the answers directly into the document during the interview. The questions asked during …
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posted at 11:52am on Dec 19th
- November 29th
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Finders Keepers? What Not to Do With Inadvertently Received Privileged Information
Ever find something you knew did not belong to you, but kept it anyway? If you have, perhaps you did so under the guidance of the old adage “Finders keepers, losers weepers.” The adage can be applied in a multitude of ways to a variety of things. O…
posted at 5:00am on Nov 29th
- October 17th
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The Legal Hold Notice is Privileged, but What About the Process?
It is not an uncommon question: is my legal hold notice privileged? I’ve always contended that it is, and the court in Cannata v. Wyndham Worldwide Corp., 2011 WL 3495987 (D. Nev. Aug. 10, 2011) agreed. However, the question that comes up less often,…
posted at 12:26pm on Oct 17th
- October 11th
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Privilege Waived for Failure to take "Reasonable Means" to Preserve Confidentiality
Pacific Coast Steel, Inc. v. Leany, No. 2:09-cv-12190-KJD-PAL, 2011 WL 4573243 (D. Nev. Sept. 30, 2011)
Plaintiffs purchased the assets of several companies in which Defendant Leany had an ownership interest and hired him as an Executive Vice President…posted at 7:31pm on Oct 11th
- August 19th
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Privilege Waived? Federal Court Says Don’t Blame Your Electronic Discovery Vendor
The buck stops here.
In Thorncreek Apartments III, LLC v. Village of Park Forest (N.D. Ill. Aug. 9, 2011), the Northern District of Illinois held that a litigant that was negligent throughout the discovery process and failed “to check the production…
posted at 2:39pm on Aug 19th
- August 17th
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E-Discovery, Production and Non-Party Privacy
I presented at the Canadian Bar Association Legal Conference and Expo on Tuesday on “e-discovery, production and non-party privacy.” I started by stating that: the litigator’s role is to help the trier of fact uncover the truth; the litigator takes information and uses it as evidence to do so; and it is essential to the [...]
posted at 3:51pm on Aug 17th
- August 1st
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Carmel Valley eDiscovery Retreat – Buckles Part 1
The breaking Casey Anthony forensic story has delayed my recap of the first Carmel Valley eDiscovery Retreat last week. Luckily, Barry Murphy managed a good post on day one. Chris LaCour, the event organizer, deserves congratulations for breaking the LTNY event mold. He dared to plan a small scale interactive format heavy with experts in a beautiful venue that encouraged open social dialogue. He recruited Browning Marean, George Socha, Barry Murphy and myself to create focus tracks featuring cutting edge topics for the panelists to debate. This was not the typical sponsor driven marketing messages, but real discussion that actively engaged the audience. I moderated three of my CLE sessions and passed the microphone to Kevin Stehr of Lexis Nexis for the “Defining the eDiscovery Platform” session. The participating providers generally limited themselves to sponsoring meals and social events, which kept the event relatively free of the marketing madness that has dominated the big NY show. I hope that this retreat signals that the eDiscovery market is willing to consider alternative academic, market and social events.
posted at 12:09pm on Aug 1st
- June 1st
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One Privileged E-Mail in a Chain Does Not Protect All, Judge Rules – Law.com
An entire e-mail chain cannot be withheld during e-discovery on the grounds that it contains a single e-mail with privileged information, a Long Island federal magistrate judge has ruled. The ruling came during discovery in BenefitVision Inc. v.
posted at 1:40pm on Jun 1st