Defendants' Ineffective Document Review Procedure Results in Finding of Waiver


The U.S. District Court for the Northern District of Illinois held that defendants, Village of Park Forest and individual defendants (collectively, the Village), waived privilege as to inadvertently produced documents where they failed to take reasonable precautions to prevent the disclosure of privileged material and subsequently failed to correct their error in a timely manner. Citing defendants’ lack of an adequate explanation of their review process, their failure to check the production before sending it to the plaintiffs and their ultimate failure to identify and withhold from production any of the 159 documents on their privilege log, the court determined that the steps taken to prevent disclosure were not reasonable. Further, the Court found no unfairness in allowing the plaintiffs to access the privileged documents and ultimately held the Village responsible for its failure to take reasonable care to safeguard the privilege and to rectify the error once it occurred.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Katten Muchin Rosenman LLP | Attorney Advertising

Written by:


Katten Muchin Rosenman LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.