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Discovery Privileged Documents

Association of Certified E-Discovery...

[Webinar] How to Enhance Corporate Investigations on Apple Devices - August 22nd, 10:00 am PDT

Despite the dominance of Windows computers in corporate environments, an increasing number of companies are now integrating Apple Mac computers into their networks. Alongside this shift, the rise of BYOD (Bring Your Own...more

EDRM - Electronic Discovery Reference Model

The Standard for In Camera Review of Assertedly Privileged Documents

The purpose of a privilege log is to provide sufficient information for the recipient of the log to determine whether the withheld information is, at least on its face, privileged.  In short:  “Trust, but verify.”  See,...more

McGuireWoods LLP

The Consequences of a Bad or Tardy Privilege Log

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Every court seems to require litigants to log documents they withhold based on privilege or work product claims. Perhaps not surprisingly, hardly any log goes unchallenged by the adversary. Most of these disputes eventually...more

McGuireWoods LLP

Court Takes Expansive View of an Implied Waiver: Part II

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Last week’s Privilege Point described an opinion requiring a corporate party’s witness to disclose communications with his Latham & Watkins lawyers, because he confirmed with that firm his own “commercial understanding” about...more

McGuireWoods LLP

The Worrisome Nature of “Discovery About Discovery”

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Aggressive plaintiffs sometimes try to generate a “side show” by challenging corporate defendants’ discovery responses (usually their document productions). Although federal courts have thankfully moved in the direction of...more

McGuireWoods LLP

Courts Disagree About Privilege Log Requirements: Part II

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Last week’s Privilege Point described one court’s incredible requirement that litigants identify everyone who learned of a withheld document’s content — even if they were not shown as a recipient....more

EDRM - Electronic Discovery Reference Model

March’s Notable Cases and Events in E-Discovery

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. an order from the U.S. District Court for the Eastern District of California granting a motion to compel...more

HaystackID

[Webinar] Getting Things Done with GAI - March 27th, 1:00 pm - 2:00 pm EDT

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We stand at the leading edge of a new wave of AI-enabled eDiscovery. In this webcast, we’ll explore how generative AI is transforming products and services for legal professionals....more

McGuireWoods LLP

Where Should Lawyers Look for the Applicable Attorney-Client Privilege?

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The attorney-client privilege originated in Roman law, and flourished under what John Adams labeled "that most excellent monument of human art, the common of law of England." But in America, some states articulate their key...more

Goodell, DeVries, Leech & Dann, LLP

Taking Discovery Obligations Seriously

Default judgments as a sanction for discovery violations are rare. Egregious conduct and failure to comply with multiple court orders usually precede the entry of a default judgment. Originally published in The Daily...more

Association of Certified E-Discovery...

[Webinar] The Pivotal Moment in the Narrative of eDiscovery: Unveiling AUTONOMOUS REVIEW by Altumatim - August 16th, 1:00 pm -...

Join us as we turn the page on traditional eDiscovery with AUTONOMOUS REVIEWTM, Altumatim's game-changing, AI-powered solution that is rewriting the story of how law firms, corporations, and other organizations conduct legal...more

Association of Certified E-Discovery...

Technocat Tidbits: What is Document Review for eDiscovery?

What is Document Review for eDiscovery? Let’s dive into the captivating realm of Electronic Discovery (eDiscovery) document review! (No, I am not being sarcastic!) This critical stage involves examining gathered documents to...more

EDRM - Electronic Discovery Reference Model

Using Special Masters and Discovery Mediators to Avoid and Resolve Discovery Disputes

Federal and state rules of civil procedure are intended to secure the just, speedy and inexpensive determination of every action. However, one activity that can thwart that goal is discovery, because the discovery process is...more

Vinson & Elkins LLP

Reducing Costs of Privilege Review and Privilege Logging

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The difficulty of handling privilege disputes can be especially pronounced in cases involving a prolonged discovery period and large corporate defendants with different document custodians. When a party chooses to withhold...more

McGuireWoods LLP

Supreme Court Fumbles Attempt to Define Privilege Standard: Part II

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Last week's Privilege Point described the Supreme Court's failure to decide between a "primary purpose" and a "one significant purpose" privilege standard. Everyone wonders why the Supreme Court dropped the case. The best...more

McGuireWoods LLP

Southern District of California Applies the Sporck Doctrine

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In 1985, the Third Circuit protected as opinion work product a lawyer's "selection and compilation of [intrinsically unprotected] documents . . . in preparation for pretrial discovery." Sporck v. Peil, 759 F.2d 312, 316 (3d...more

McGuireWoods LLP

Analyzing an Inadvertent Production’s Waiver Impact: What Does the “Inadvertent” Element Mean?

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In federal court and in state courts following the same approach, Fed R. Evid. 502(b) sometimes allows claw backs if a privileged document's production was "inadvertent." That term could have several meanings — ranging from a...more

Jones Day

Fraud, Electronic Data Sources and Claims to Privilege in the United Kingdom—Lessons From Brian Glasgow v David Ames

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In Short - The Situation: Insolvency officeholders increasingly find their investigations into a company's affairs frustrated by the comingling of records on a "group" server. Claims to privilege by other group entities (or...more

Fox Rothschild LLP

Fair Warning to Parties Choosing to Flout TTAB Discovery Orders: Comply or Suffer the Consequences

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On January 23, 2023, the Trademark Trial and Appeal Board (the “Board”) issued a harsh reminder to parties of the potential adverse consequences of ignoring their discovery obligations and failing to comply with Board...more

McGuireWoods LLP

In Camera Reviews’ Process and Downside: Part I

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Attorney-client privilege protection depends on content, and some work product claims also depend in part on content. Because a litigant's privilege log obviously does not disclose withheld documents' content, the adversary...more

McGuireWoods LLP

Court Addresses Privilege Protection for Litigation Holds

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Companies in or anticipating litigation normally impose litigation holds. If litigation ensues, does the attorney-client privilege or the work product doctrine protect the content of such a hold or the fact of its imposition?...more

Epstein Becker & Green

Supreme Court to Review Scope of Attorney-Client Privilege for “Dual Purpose” Communications

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The Supreme Court recently granted certiorari in In re Grand Jury to resolve a circuit split regarding what standard governs the application of the attorney-client privilege to dual-purpose communications, that is...more

Stark & Stark

What Is A Special Master? Former President Trump Filed Motion Seeking the Appointment of a Special Discovery Master

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Former President Trump’s lawyers filed a motion in federal Court seeking the appointment of a “special master” to inspect the records seized from Mar-a-Lago by the FBI on August 8, 2022. This blog will address what a special...more

EDRM - Electronic Discovery Reference Model

[Webinar] Ripped From the Headlines: Mystery of the Mar-a-Lago Docs & the Special Master - September 7th, 1:00 pm - 2:15 pm ET

Former President Donald J. Trump filed a motion to appoint a Special Master to review the material seized by the FBI from Mar-A-Lago. The stated purpose of the review by the Special Master is to remove nonrelevant and...more

Bond Schoeneck & King PLLC

Inadvertent Disclosure and Privilege Claw-Back

The dramatics of the Alex Jones trial have many litigators stirring about inadvertent disclosure of privileged information and what needs to be done to properly claw it back. The sheer volume of discovery that is exchanged...more

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