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
Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of...more
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
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
Lahr v. Lehigh Valley Hosp., Inc., 2023 WL 8665017 (Pa. Super. Dec. 15, 2023) - The trial court had ordered production of patient safety reports which were (i) prepared in accordance with MCARE, (ii) intended to be...more
In federal courts, it is nearly impossible to successfully file an interlocutory appeal of a trial court’s order requiring production of privileged documents — despite the obvious “cat out of the bag” nature of such rulings....more
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
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
Dans la décision CNOOC Petroleum North America ULC v. ITP SA (la « décision »), la Cour d’appel de l’Alberta (« CAA ») a passé en revue les principes relatifs au privilège relatif au litige et à la renonciation à ce privilège...more
Construction projects are often complex and involve many different parties and moving parts. This often necessitates a continued investigation of facts and assessment of legal rights and obligations to ensure that the owner...more
A recent decision out of the Alberta Court of Appeal found that as soon as a company handed over their investigative reports to regulators in connection with a pipeline incident, privilege over the reports was lost....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
In CNOOC Petroleum North America ULC v. ITP SA (Decision), the Alberta Court of Appeal (ABCA) revisited the principles of privilege and waiver of privilege in the context of two reports that arose from an internal...more
Recent (and ongoing) amendments to the Competition Act have resulted in several new powers for the Competition Bureau, which may have significant and far-reaching implications for businesses in Canada. One such amendment...more
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
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 week of February 26 to March 3. Here’s...more
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
[Editor’s Note: This article has been republished with permission. It was originally published December 20, 2023 on the eDiscovery Assistant Blog] In Episode 127, on the ACEDS and eDiscovery Assistant #CaseoftheWeek, Kelly...more
Two-thirds of corporate counsel will bring work in-house next year to reduce costs: That’s the major takeaway from an industry survey from Everlaw and the Association of Corporate Counsel (ACC) released this fall....more
The Supreme Court of Maryland has amended Maryland Attorneys’ Rule of Professional Conduct 19-304.4(c) (Rule 4.4(c)). Maryland’s new rule prohibits an attorney from seeking privileged information from a third person. If...more
Just as death and taxes are certainties in life, so too is litigation for many automotive companies. And while each case varies widely in terms of facts, law, parties, and forum, there are common points to consider in most...more
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
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
Redacted legal documents can create a host of issues when not handled properly during document review. Here are some common redaction mistakes – and tips on how to avoid them....more
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