Continental Group, Inc. v. KW Prop. Mgmt., 2009 WL 425945 (S.D. Fla. Feb. 20, 2009)

Key Insight: Where parties failed to establish filtering protocol to segregate privileged materials from portable devices because of a disagreement as to the meaning of the court?s prior order, court ordered production of images of defendant?s portable devices to plaintiff prior to performing a privilege review but held that such production would not result in waiver and indicated its belief that no prejudice to defendant?s would result, despite acknowledgement that plaintiff would have ?a few days to view the images which may contain privileged material? prior to defendants identification of privileged material

Electronic Data Involved: Privileged ESI on portable devices