Despite the existence of a stipulated clawback agreement (that was never presented to the Court to be So Ordered) that provided “[i]nadvertent production of privileged documents does not operate as a waiver of that privilege,” the Court found defendants’ claim to privilege was waived by the inadvertent and “completely reckless” production of privileged materials. In reaching its conclusion, the Court
Continue Reading Oops I Did It Again — Court Rules that Two Separate Productions of the Same Privileged Materials Was Completely Reckless
Inadvertent Production
Rule 26 and How It Applies to Electronically Stored Information
By Farrell Fritz P.C. on
Electronic discovery (a/k/a ediscovery and e-discovery) is the process of identifying, preserving, collecting, preparing, reviewing and producing electronically stored information (“ESI”) in the context of a legal or investigative process. In order that counsel may bring discovery issues (including e-discovery issues) to the forefront early on in the development of a case, the Federal Rules of Civil Procedure impose on …
Continue Reading Rule 26 and How It Applies to Electronically Stored Information