Privilege or Work Product Protections – Page 4

Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM (D. Kan. Sept. 20, 2019).

Sep 20 2019

Key Insight: Sanctions granted for first claiming withholding all responsive documents, then claiming there were no responsive documents. Protective Order violated by using information obtained under protective order to locate public information.

Nature of Case: false advertising/trademark infringement

Electronic Data Involved: Document related to claimed settlement achieved

Keywords: privilege, sanctions

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Hawkins v. The Kroger Company (District Court of Southern California, 2019)

Sep 16 2019

Key Insight: whether discovery should extend beyond the period of the statute of limitations

Nature of Case: Breach of implied warranty of merchantability

Electronic Data Involved: e-mails

Keywords: label, trans fat, heightened showing

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United States and State of California ex rel. Higgins v. Boston Scientific Corp., No. 11-cv-2453 (D. Minn. Aug. 28, 2019).

Aug 28 2019

Key Insight: Relator in FCA case reqeusted presentations by defendant to government during governmental investigation. Judge ordered defendant to produce the presentations.

Nature of Case: False Claims Act

Electronic Data Involved: presentations to government

Keywords: FCA, False Claims Act

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Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)

Aug 19 2019

Key Insight: Properly clawed back privileged documents may not be relied upon for evidence in a case. However, if the contents of these clawed back documents demonstrates bad faith discovery conduct, then sanctions can still be awarded.

Nature of Case: slip-and-fall injury

Electronic Data Involved: inadvertently produced privileged documents

Keywords: clawback, bad faith, intent to deprive

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Washington v. Geo Group, Inc. (District Court of Western Washington, 2019)

Jul 01 2019

Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit

Nature of Case: Unjust enrichment

Electronic Data Involved: documents and metadata

Keywords: metadata, discovery categories, relevant and proportional

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In re Old BPSUSH Inc., No. 16-12373 (Bnkr. D. Del., 2019)

Jun 20 2019

Key Insight: A law firm’s investigative records prepared for a client may not be withheld on work-product grounds from that client or former client.

Nature of Case: bankruptcy

Electronic Data Involved: Law firm investigative records and forensic accounts

Keywords: work-product, mental impressions, investigative records

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Song et al v. Drenberg et al (N.D. Cal. , 2019)

Jun 19 2019

Key Insight: waived all objections except for privilege where at first MTC hearing responding party represented that its only objection was based on privilege

Nature of Case: copyright infringement

Electronic Data Involved: ESI

Keywords: MTC hearing

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Simmons v. Safeway, Inc., No. 3:18-cv-5522 RJB (W.D. Wash. June 5, 2019).

Jun 05 2019

Key Insight: Handwritten notes by Plaintiff had been produced. Plaintiff used attorney typed version to refresh memory before deposition. Court ordered production of typed notes.

Nature of Case: Employment Discrimination

Electronic Data Involved: Typed version of handwritten notes

Keywords: recollection refresh; deposition; privilege; work product

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Gates Corp. v. CRP Industries, No. 16-cv-01145 (D. Colo., 2019)

May 21 2019

Key Insight: The crime-fraud exception invalidates attorney client privilege protections with regards to an internal investigation of an employee now known to have stolen proprietary documents and shared them with her supervisor.

Nature of Case: Theft of confidential business documents

Electronic Data Involved: database containing proprietary information

Keywords: proprietary information, theft, crime-fraud exception

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Washington-St. Tammany Electric Cooperative, Inc. et al v. Louisiana Generating, LLC (M.D. Louisiana, 2019)

May 13 2019

Key Insight: emails included third parties and were not proven to be attorney client privilege and have been improperly withheld

Nature of Case: Breach of contract

Electronic Data Involved: emails improperly withheld as Attorney-client privilege.

Keywords: Attorney-client privilege, improperly withheld, emails copied to third parties.

View Case Opinion

Tag:Privilege or Work Product Protections