Privilege or Work Product Protections – Page 11

Ferring B.V. v. Fera Pharm. LLC, CV 1304640(SJF)(AKT), 2016 WL 5396620 (E.D.N.Y. Sept. 27, 2016)

Dec 01 2016

Key Insight: Where Defendant responded to court?s inquiries regarding its search efforts and marked its search terms and a ?non-exhaustive list of topic areas of documents produced to Plaintiff? as attorney work product, court reasoned that ?this is precisely the type information which is generally shared by counsel in complex civil litigation cases so that they may reach an agreement regarding the scope of production of ESI? and that ?[t]he norm in these cases is that counsel for both sides review and agree in advance on the parameters of the search, on any search terms to be used, and on the specific custodians whose files are to be searched? and ordered Defendant to file unredacted copies on ECF, but indicated that they would be under seal to protect information covered by the Stipulation and Order of Confidentiality

Electronic Data Involved: Search terms

Companion Property and Casualty Insurance Company v. U.S. Bank N.A. (D. S.C., 2016)

Nov 03 2016

Key Insight: required to provide privilege log metadata because log was inadequate

Nature of Case: breach of contract, breach of fiduciary duty

Electronic Data Involved: privilege log metadata

Keywords: privilege log, metadata

View Case Opinion

Johnson v. Serenity Transportation, Inc. (ND Cal, 2016)

Oct 28 2016

Key Insight: Discovery is not disproportionate just because you say so. Insufficient privilege log.

Nature of Case: Class action involving alleged improper classification of independent contractor status.

Electronic Data Involved: Production of emails in response to Plaintiffs’ requests.

Keywords: Produce all documents responsive to Plaintiff’s search terms. Duplicative and not proportional.

View Case Opinion

Portland Pipe Line Corp. et al. v. City of South Portland et al. (D. Maine, 2016)

Sep 08 2016

Key Insight: Two step process of TAR and manual review of privilege negated need for in camera review

Nature of Case: declaratory relief re environmental ordinance

Electronic Data Involved: emails

Keywords: in camera review

View Case Opinion

David Mizer Enters. v. Nextar Broad., Inc. (Central District of Illinois, 2016)

Aug 31 2016

Key Insight: While privilege logs are not explicitly required when claiming privilege, they are the best way to properly assert attorney-client privilege

Nature of Case: Contract dispute

Electronic Data Involved: Electronic documents generally

Keywords: privilege log, website, servers, car,

View Case Opinion

Dynamo Holdings L.P. v. Commissioner, No. 2685-11, 8393-12 (Tax Ct. July 13, 2016).

Jul 13 2016

Key Insight: Predictive coding may be used to conserve time and expense where e-discovery expertise applied

Nature of Case: Embezzlement/Fraudulent Transfers Action

Electronic Data Involved: Backup storage tapes of exchange server containing tax-related information

Keywords: “computer-assisted review [tools]” “privileged or confidential information” “universe of documents”

View Case Opinion

In re Eisenstein (Supreme Court of Mo., 2016)

Apr 05 2016

Key Insight: Concealment and use of electronic evidence improperly obtained by a client.

Nature of Case: Divorce.

Electronic Data Involved: Email, hacked and stolen from the wife’s private email account.

Keywords: Unwarranted intrusions into privileged relationships. Stolen evidence.

Identified State Rule(s): 4-4.4(a); 4-8.4(c); 4-3.4(a)

Arcelormittal Indiana Harbor, LLC v. Amex Nooter, LLC (Northern District of Indiana, 2016)

Feb 16 2016

Key Insight: confidential settlement information in documents requested

Nature of Case: Negligence and breach of contract

Electronic Data Involved: communications between Amex Nooter and IOSHA

Keywords: Confidential Settlement information, motion to compel, impeachment

View Case Opinion

Thermoset Corp. v. Building Materials Corp. of Am., No. 14-60268-CIV, 2015 WL 156310 (S.D. Fla. Apr. 8, 2015)

Dec 01 2015

Key Insight: Applying the elements of Fed. R. Evid. 502(b), court concluded that whether production was ?inadvertent? should be determined by asking whether the party intended to produce the document or whether it was a mistake rather than looking at court-identified factors to determine whether the ??inadvertent? element? was satisfied and found: 1) that the at-issue emails were produced by mistake, and thus inadvertently, 2) that reasonable steps to prevent the disclosure were taken where counsel identified the documents as privileged after personally inspecting them but where they were nonetheless produced inadvertently among the other 1,000 pages produced in response to the relevant request, and 3) that prompt steps were taken to prevent the error where counsel informed opposing counsel of the inadvertent production on the same day he discovered it; thus, the inadvertent production did not result in waiver

Nature of Case: Claims arising from defective roofing adhesive

Electronic Data Involved: Emails

In re Blue Cross Blue Shield Antitrust Litig., No. 2:13-CV-20000-RDP, 2015 WL 10891632 (N.D. Ala. Nov. 4, 2015)

Dec 01 2015

Key Insight: Court held that ?litigation/preservation holds and memoranda (at least in this case) issued by a corporate party to its employees for purpose of giving instruction and direction concerning documents and records to be preserved by those employees, even where that instruction arises from legal advice from counsel, are not shielded by the attorney-client privilege? and ordered production of certain litigation holds, including sections identifying the documents to be preserved, characterizing the litigation holds as ?managerial? and without the protection of attorney-client or work product privileges

Nature of Case: Antitrust

Electronic Data Involved: Litigation holds (i.e., legal holds, record holds)

Tag:Privilege or Work Product Protections