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Email Discovery Privileged Communication

Association of Certified E-Discovery...

Understanding the Dominant Purpose Test for Determining Whether Privilege Applies

In complex litigation, understanding when a document is protected by attorney-client privilege can be challenging, especially when privilege issues arise in multidistrict litigation (MDL) like the In re Uber Technologies,...more

McGuireWoods LLP

The Surprising Danger of Including a Spouse on Email Communications

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Most lawyers know that state statutes or common law doctrines often protect communications between spouses – although there is wide variation in such approaches. But there is a lurking danger that all of us should keep in...more

EDRM - Electronic Discovery Reference Model

May’s Notable Cases and Events in E-Discovery

[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

Woodruff Sawyer

Outside Director Communications: Maximizing the Potential to Protect Attorney-Client Privilege

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Email communications can be a trap for unwary independent directors. The December 2020 In re WeWork Litigation decision illustrates the point, as discussed in this earlier blog. Specifically, directors who often use corporate...more

McGuireWoods LLP

Court Explains How Employee-to-Employee Emails Can Deserve Privilege Protection

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Because privilege logs necessarily contain logistical but not content-based information about withheld documents, adversaries sometimes challenge privilege protection because no lawyer sent or received a withheld document....more

Best Best & Krieger LLP

New Interpretation of Broad and Unduly Burdensome

Takeaways From Unprecedented Public Records Ruling in Getz v. County of El Dorado - The Third District Court of Appeal recently ruled in favor of a requester who was seeking public records from the County of El Dorado,...more

McGuireWoods LLP

S.D.N.Y. Deals With Spouses and Law Firm Emails: Part I

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Most states have adopted some variation of what is called the "spousal privilege" or "marital privilege." Those usually appear in statutes or rules, and dramatically vary from state to state. For obvious reasons, spouses'...more

McGuireWoods LLP

Copying a Lawyer on an Email Does Not Assure Privilege Protection, but That Lawyer Can Increase the Odds

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Lawyers should remind their clients that copying a lawyer on an email does not automatically render the email privileged. But the story doesn't end there. In Dejewski v. National Beverage Corp., the court recited the...more

Morris James LLP

Chancery Orders Production of Privileged Emails Transmitted Using Third-Party Accounts

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In re WeWork Litigation, Consol. C.A. No. 2020-0258-AGB (Del. Ch. Dec. 22, 2020) - This Court of Chancery discovery ruling illustrates the risks associated with directors and officers using non-company email accounts to...more

Seyfarth Shaw LLP

Texas Court of Appeals Reaffirms Key Principles Concerning the Medical Peer Review Privilege

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Introduction - A recent decision by a Texas Court of Appeals reaffirms several important principles regarding the medical peer review privilege: (1) communications arguably covered by the peer review privilege need not be...more

Nutter McClennen & Fish LLP

Judge Kaplan Orders Return of Documents Inadvertently Produced

Ruling on a motion seeking the return of inadvertently produced privilege materials, Judge Kaplan elaborated on the meaning of “inadvertent” in the context of Massachusetts Rule of Civil Procedure 26(b)(5) and so-called...more

Patterson Belknap Webb & Tyler LLP

NY Appellate Court Slams “Egregious Litigation Misconduct” and “Improperly Accessed” Email Communications

When we hear about discovery abuses in litigation, we often think of overzealous lawyers using obstructionist tactics. Such behavior, however, rarely involves litigants “improperly accessing” the email communications of an...more

Porter Hedges LLP

"Texas Supreme Court: Attorney-Client Privilege Protects Communications With Employee-Experts"

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In re City of Dickinson1 is an important case for businesses with an employee who will testify as an expert. The question for the court was which competing rule prevails: the rule protecting attorney-client communications or...more

Husch Blackwell LLP

Texas Supreme Court Rules Email As Attorney-Client Privileged

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Clients often make good testifying experts because they have specialized knowledge and experience in their industry. While normally emails between an attorney and a testifying expert are discoverable, what if the testifying...more

McGuireWoods LLP

Privilege and Work Protection For Lawyers' Communications With Third Parties and Reports of Those Communications: Part I

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Lawyers' communications with the third parties generally cannot deserve privilege protection, but what about work product protection? In Booth v. Galveston Cty., Civ. A. No. 3:18-CV-00104, 2018 U.S. Dist. LEXIS 181063...more

Kelley Drye & Warren LLP

New York Federal Court Expands Scope of Asia Global’s Benchmark Test Regarding Personal Emails Sent on Corporate Servers

The In re Asia Global Crossing Ltd., 322 B.R. 247 (Bankr., S.D.N.Y. 2005) decision sets forth the standard four-factor test for determining whether an employee’s communication via work computer or email network can be...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - March 2018

The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Buchalter

Client Sends Privileged Email From iPhone That Triggers Inadvertent Production Rule

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Eight years ago the Second District Court of Appeal issued a decision establishing an attorney’s ethical duties upon receipt in discovery from opposing counsel of an inadvertently produced, privileged communication. State...more

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