Electronic discovery continues as one of the more complex areas in civil litigation, replete with pitfalls and potholes that can derail the unwary practitioner. In one recent case, a federal judge in Maryland ruled in Victor Stanley, Inc. v. Creative Pipe, Inc.1 that the attorney-client privilege did not protect a number of documents that the defendant, Creative Pipe, Inc. (“CPI”), said were produced inadvertently to the plaintiff, Victor Stanley, Inc. (“VSI”). The facts underlying the inadvertent production are instructive.

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