Posts Tagged ‘privilege’
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- March 27th
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Privilege Waived: Insufficient Privilege Log Entries Doom Defendant’s Privilege Claims
Blog Post submitted by Brandon D. Hollinder (Falcon Discovery) Occasionally I run into clients or an opposing party who will attempt to use a metadata privilege log. And although this approach may save money (but even that point is debatable), I always…
posted at 9:52pm on Mar 27th
- February 20th
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Letter, Reassess, Repeat: Avoiding Privilege Waiver After Notice of Inadvertent Production of Documents
Technology today often serves as the crutch upon which students and members of the workforce rely to complete and review assignments; however, such technology does not always efficiently replace good old-fashioned human effort. For instance, the spel…
posted at 7:42pm on Feb 20th
- February 14th
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Are Litigation Hold Notices Privileged?
A good article about whether litigation hold notices are privileged when issued by inhouse counsel. To read the article click on the image or click here.
posted at 2:00pm on Feb 14th
- February 6th
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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 – Part Two
The line of transparency and privilege is a difficult one to walk. In part two of this interview, we discuss more issues faced by outside counsel, including some insights into asserting attorney client privilege for electronically stored information, where the line of transparency lies, and how to ensure that reasonable steps were taken to prevent inadvertent disclosure that may result in a privilege waiver. Amber Scorah (AS): How does one effectively assert attorney client privilege for electronically stored information? Sarah Jane Gillett: There is a growing debate about how to claim privilege for large groups of electronically stored information, such as volumes of email. Preparation of a log in the event of thousands of communications is extremely burdensome and time-consuming, if done email by email. While some jurisdictions continue to require a document-by-document log, other courts are more open to [...]
posted at 5:23pm on Feb 6th
- 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