Comrie v. Ipsco, 2009 WL 4403364 (N.D. Ill. Nov. 30, 2009)

Key Insight: Where defendants claimed a privileged email was inadvertently produced and thus protected from waiver but failed to support their assertion with facts, court ruled defendants failed to meet their burden of proving that the disclosure was inadvertent or that they took reasonable steps to prevent such disclosure and that privilege was therefore waived; court also found that the email fell within the fiduciary exception to privilege

Nature of Case: Claims brought pursuant to Employee Retirement Income Security Act (ERISA)

Electronic Data Involved: Privileged email