All Things Investigations: Episode 37 – Privileges in Document Production with Mike Huneke
Sitting with the C-Suite: eDiscovery Observations – Historical Lookback to 1990s and 2000s
So you are ready to divorce...what is the process?
Sitting with the C-Suite: In-House Counsel - Leveraging Text Classification to Problem Solve
Video | Tips for Managing the Preservation of Mobile Device Data
PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Legal professionals in cybersecurity, information governance, and eDiscovery face escalating data volumes, data security challenges, high eDiscovery costs, and information management inefficiencies. With AI-enabled workflows,...more
Normally a third party does not have standing to challenge a document subpoena. But what if the subpoena seeks discovery of the third party’s privileged or work product-protected documents in the subpoena target’s possession?...more
Last week’s Privilege Point described an S.D.N.Y. opinion rejecting privilege and work product claims for a document that on its face did not contain legal advice or any allusion to or analysis of anticipated litigation....more
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more
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
Bien que le secret professionnel de l’avocat remonte au XVIe siècle, le droit relatif aux privilèges continue d’évoluer. Dans le contexte complexe actuel des litiges commerciaux, les privilèges doivent recevoir la plus grande...more
While solicitor-client privilege dates to the 16th century, the law regarding privilege continues to evolve. In today’s complex commercial litigation landscape, privilege requires careful consideration and rigorous protection...more
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
[Editor’s Note: This article was first published May 15, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more
3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent...more
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
All or nearly all courts require litigants to log documents withheld on privilege or work product grounds (with an exception discussed next week). But they disagree about what the log should include — with some courts taking...more
The last two Privilege Points (Part I and Part II) explained that the 1947 U.S. Supreme Court decision in Hickman v. Taylor, 329 U.S. 495 (1947), created a common law protection for litigation-related tangible and intangible...more
In Kyle Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. 2024), the court wrote that it “would prefer this case not go to the dark place where attorneys on one side demand that the attorneys on the other side provide...more
The “work product” doctrine provides an entirely separate protection from the attorney-client privilege. Unlike the privilege, the work product doctrine is not ancient, normally not absolute, and not fragile. The many...more
James MacDonald vs. Sally Wagenmaker, et.al., 2024 IL App (1st) 230089 (March 1, 2024) - Brief Summary - An Illinois appellate court reversed a discovery order compelling the defendant law firm to produce privileged...more
In Rullan v. Goden, 2024 WL 1191600 (D. Md. Mar. 20, 2024), the Hon. J. Mark Coulson construed a Fed.R.Civ.P. 45 motion to quash or modify a subpoena, which would have been heard in New York, as a Fed.R.Civ.P. 26(c) motion...more
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: an order from the U.S. District Court for the Northern District of California requiring the Defendant to...more
In Episode 131 of Case of the Week, CEO and Founder of eDiscovery Assistant, Kelly Twigger, discusses how the failure to produce a privilege log for withheld documents resulted in a waiver of privilege and sanctions under...more
Attorney-client privilege protection lasts forever, but determining work product doctrine protection’s duration presents a more subtle analysis. Most courts protect work product if it is sought in later litigation related in...more
January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more
[Editor’s Note: This article has been republished with permission. It was originally published November 9, 2023 on the eDiscovery Assistant Blog] This week’s decision comes to us from the case titled 6340 NB LLC v. Cap. One,...more
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
Because what is called "opinion work product" deserves higher protection than fact work product (and in many courts enjoys "absolute or nearly absolute" protection), litigants understandably seek to withhold documents on that...more
Last week's Privilege Point described a court's refreshingly correct acknowledgment that disclosing work product to friendly third parties does not waive that robust protection — in contrast to the more fragile privilege...more