Key Insight: clawback, claw back, waiver, inadvertent disclosure
Nature of Case: RICO, Personal Injury, Product Liability
Keywords: clawback, claw back, waiver, waived, inadvertent disclosure, inadvertence, attorney-client privilege
Key Insight: Due diligence is req’d to preserve ACP. Merely CCing counsel is not sufficient.
Nature of Case: Contract
Electronic Data Involved: E-mails
Keywords: counsel communications
Key Insight: Court narrowed scope of some plaintiff requests and ordered defendant to clarify privilege claims on withheld documents
Nature of Case: bad faith; insurance coverage
Electronic Data Involved: claims file of insurer
Keywords: privilege; responsiveness
Key Insight: communications that occurred outside of the mediation but involve the mediator are not protected by the mediation privilege
Nature of Case: Insurance Bad Faith
Electronic Data Involved: documents used in mediation that Defendant claim to be protected by mediation privilege
Keywords: mediation privilege, reconsideration, under seal
Key Insight: Applying Fed. R. Evid. 502, court found Defendants? inadvertent inclusion of privileged information in the Administrative Record did not waive privilege where declarations of persons with ?sufficient personal knowledge? established the inadvertence of the inclusion where, in light of the multiple levels of review of the documents and the relevant circumstances including the ?sheer number of pages and compressed timeframe,? the court found Defendant had undertaken reasonable steps to prevent disclosure, and where Defendants took action to rectify the error within three weeks of the disclosure
Nature of Case: Administrative law
Electronic Data Involved: Administrative Record
Key Insight: All communications between a company’s employees and its counsel are not per se privileged
Nature of Case: Workplace discrimination
Electronic Data Involved: Communications between counsel and others inside the company
Keywords: manifest purpose, per se privilege
Key Insight: Refusal to produce documents. Clergy-penitent privilege
Nature of Case: Negligence and failure to warn (Sexual Abuse)
Electronic Data Involved: letter,email, fax,ESI
Keywords: Willful refusal to comply with discovery order; Monetary sanctions; Judicial estoppel
Key Insight: To what extent can redactions be applied to responsive documents outside of ACP and work-product?
Nature of Case: Copyright
Electronic Data Involved: Business documents
Keywords: Redactions, relevance
Key Insight: To what extent does disclosure of privileged documents to third parties waive privilege?
Nature of Case: Litigation for bad faith (Ohio law)
Electronic Data Involved: e-mails, deskfiles, and relevant shared e-documents
Keywords: Accidental waiver, third party disclosure, protected relationships
Key Insight: Can private social media and metadata be compelled into discovery?
Nature of Case: Bellwether products liability
Electronic Data Involved: Social media
Keywords: Metadata, social media, private data, public data, privacy
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