Archive - March 9, 2017

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Privilege Waived as to Unprotected Information on File Share Site
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Alabama Aircraft Industries v. The Boeing Company, 2:11-cv-03577-RDP (N.D. Alabama, Southern Division, 2017)

Privilege Waived as to Unprotected Information on File Share Site

Harleysville Ins. Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Feb. 9, 2017)

In this case, the court found that the placement of privileged information on a file share site and dissemination of the hyperlink to access that information without additional protections (e.g, password protection) constituted a failure to take reasonable steps to protect the information and that the attorney-client privilege and work-product protections were waived.  Notably, however, because defense counsel accessed the information but failed to notify Plaintiff’s counsel of the possible production of privileged materials, they were ordered to pay Plaintiff’s fees and costs in bringing the motion to disqualify them, which was denied.

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Alabama Aircraft Industries v. The Boeing Company, 2:11-cv-03577-RDP (N.D. Alabama, Southern Division, 2017)

Key Insight: Boeing deleted Pemco ESI from a high level employee and removed 2 CD’s containing Pemco ESI.Court concluded Boeing acted with intent and ordered an adverse inference instruction for the jury if it goes to trial and ordered Boeing to pay attorney’s fees and costs.

Nature of Case: contract dispute/MOA termination

Electronic Data Involved: deleted electronic records; 2 missing CDs with ESI

Keywords: spoliation, deletion, prejudice, adverse inference

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