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
Just When You Thought It Was Safe To Use Your Company Computer*
In Miller v. Zara USA Inc., (2017 N.Y. Slip Op. 04407, 1st Department June 6th, 2017), the First Department held that where, as here, a company’s written employment guidelines clearly provide that employees have no reasonable expectation of privacy when using a company-issued computer for personal purposes, no claim of attorney-client privilege over personal documents on
Continue Reading Just When You Thought It Was Safe To Use Your Company Computer*
File Sharing Sites and Inadvertent Waiver
In connection with a declaratory judgment lawsuit wherein the Harleysville Insurance Company sought a ruling that it did not have to pay a loss claim for an October 2014 fire at a funeral home, United States Magistrate Judge Pamela Meade Sargent ruled, in a February 9, 2017 decision, that the Harleysville Insurance Company waived any claim of privilege to materials