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Email 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

Electronic Communications Dramatically Complicate Choice of Law Analysis

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As explained in previous Privilege Points, courts frequently must decide which state’s privilege law applies to communications involving several states. Fed. R. Evid. 501 states that federal courts should apply state law but...more

HaystackID

[Webcast Transcript] 6 AI Workflows to Enhance ESI Discovery

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Editor’s Note: In a recent HaystackID webcast, legal professionals explored how HaystackID® Core Intelligence AI™ and its generative AI (GenAI) features can reshape electronically stored information (ESI) discovery. Moderated...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

Array

This Week in eDiscovery: Concerns in Google Antitrust Case, Email Attachments and Privilege

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of August 5-11. Here’s what’s...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

Davies Ward Phillips & Vineberg LLP

Ownership of Privileged Communications in M&A Transactions: Practical Takeaways and Recent Case Law

Traduction en cours. Can the buyer in a M&A transaction who takes possession of the seller’s or target company’s privileged communications on closing use those communications in a post-closing dispute against the seller?...more

Tucker Arensberg, P.C.

OOR Holds that a Draft Complaint attached to an Emails is Privileged

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In Beckes v. North East School District, AP 2022-2826, the OOR determined that the attachments to two emails from the District Solicitor to the District were protected from disclosure under the attorney-client privilege and...more

Nextpoint, Inc.

Attorney-Client Confidentiality: Practical Tips for Protecting Privilege

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The volumes of evidence available for litigation are such that privileged documents – a small but important subset of any evidence collection – can easily be overlooked, commingled, misplaced, or simply lost. In addition, the...more

McGuireWoods LLP

Musk-Twitter Feud Privilege Fallout: Part I

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Not surprisingly, the Musk-Twitter fast-track Delaware case generated privilege issues. One predictably recognized Musk's unique role in his varied revolutionary enterprises. In Twitter, Inc. v. Musk, Civ. A. No....more

Proskauer - Minding Your Business

The Sound of “Silent Attorneys”: Judge Orders Google to Re-Review Emails Withheld for Privilege to which Counsel Never Responded

Back in May, we wrote about a pending motion before the U.S. District Court for the District of Columbia, in which the U.S. Department of Justice and several state attorneys general (“DOJ Plaintiffs”) sought to sanction...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

Morris James LLP

Chancery Denies Motion to Compel Director’s Privileged Communications Stored on Third-Party’s Email Server

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In Re Dell Technologies Inc Class V Stockholders Litigation, Consol. C.A. No. 2018-0816-JTL (Del. Ch. Sept. 17, 2021) (TRANSCRIPT) - A director utilizing an email account associated with a different company for board...more

Skadden, Arps, Slate, Meagher & Flom LLP

Law Governing Attorney-Client Privilege for Emails Hosted on Noncompany Servers Continues To Evolve in Delaware

Delaware Rule of Evidence 502(b) codifies the attorney-client privilege and insulates from discovery “confidential communications made for the purpose of facilitating the rendition of professional legal services to the...more

McGuireWoods LLP

Lawyers Beware: Seeking Hard-Copy Printouts of Privileged Emails Can Forfeit the Privilege

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Many of us (especially the older generation) like to deal with hard-copy printouts of electronic communications. But inattention to the printout process can have disastrous results....more

McGuireWoods LLP

Actor Justin Theroux's Feud With Neighbors Generates Another Weird Privilege Decision

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In December 2020, a New York court noted that A-list actor Justin Theroux and his downstairs neighbors "do not get along, to put it mildly." Theroux v. Resnicow, 2020 N.Y. Slip Op. 51489(U), at *2 (N.Y. Sup. Ct. Dec. 16,...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

McGuireWoods LLP

Dartmouth Strikes Out on Privilege Claim for Email Threads

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Courts analyzing privilege assertions for email threads often look for some indicia of that protection on the face of those emails. In Anderson v. Trustees of Dartmouth College, Case No. 19-cv-109-SM, 2020 U.S. LEXIS...more

McGuireWoods LLP

Federal Court Wrestles With Privilege Ownership After a Complicated Corporate Transaction

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Several previous Privilege Points have summarized often-complicated judicial holdings on who owns privilege protection after corporate stock or asset transactions. It should come as no surprise that the privilege ownership...more

McGuireWoods LLP

Lawyers’ Failure To Consider Work Product Protection Prejudices Their Clients: Part II

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Last week’s Privilege Point described a husband’s probable loss of attorney-client privilege protection when using his employer’s email system for communications with his personal lawyer. Because he had only raised the...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

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