Posts Tagged ‘privilege’
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- 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
- April 11th
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Think Before You "Data Dump" or Privileges Could Be Waived
When a party voluntarily dumps data on its adversary without first conducting a meaningful privilege review, that party may be deemed to have waived any applicable privileges, particularly where it fails to timely argue that a privilege review would be…
posted at 8:26am on Apr 11th
- April 10th
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Does Attorney-Clent Privilege Protect Client E-Mail?
Clients are increasingly communicating with their attorneys by e-mail. They find communication by e-mail to be an easy and fast means to provide their attorneys with information important to the protection of their legal interests and obtain advice rel…
posted at 3:04pm on Apr 10th
- April 3rd
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I Deleted Your Damning Evidence and There’s Nothing You Can Do About It
Again with the scandalous sex tapes? Seriously? With all the publicity surrounding leaked sex tapes coupled with the prevalence and ease of digital communication, one cannot honestly believe such a tape will remain a well kept secret. You’ll receive no sympathy on this blog for your escapades, and you’ll receive no sympathy in the Ohio [...]
posted at 6:10am on Apr 3rd
- April 1st
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The Cloud: When it’s Good, it’s Very, Very Good – But When it’s Bad…
I’ve been hearing a lot more pro-cloud chest-thumping lately. One article basically said, "Fears of the cloud are overblown. You need to get off it!" I don’t think the creators of "Binky" would agree: http://www.msnbc.msn.com/id/42366946/ns/technology_and_science-tech_and_gadgets/ What I’d like to know…
posted at 10:37am on Apr 1st
- March 20th
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You Know Those Files I Gave You Earlier? Yeah… Can You Not Look At Them, Please?
A Kentucky law firm narrowly escaped a waiver of privilege via adherence to Rule 502 (b). After carelessly turning over privileged e-mails; Wood, Wood and Young (of Maysville Kentucky) learned the hard way that turning over reams of e-mail absent careful redaction of privileged communications can have serious consequences. Fortunately, the firm adhered to Rule [...]
posted at 7:08am on Mar 20th
- March 16th
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Voyeurism: eDiscovery Style
So, my PDA was working fine this morning…then it wasn’t. A total and complete software crash. I traced it down to an offending app, but it completely hosed (thank you, Canada) the O/S. And of course, I’m out of town!…
posted at 8:45pm on Mar 16th