January 23, 2017

A Privilege to Serve? Attorney-Client Privilege, In-House Counsel & Whistleblowing

A conflict is brewing between state and federal courts involving in-house counsel, whistleblowers and the use of attorney-client privileged information.
February 29, 2016

May Attorney Work Product be Used for Business Purposes?

If attorney work product material is used for business purposes does it lose its protected status? Maybe not if it satisfies the “because of” test.   […]
August 7, 2015

Is Your Litigation Opponent Entitled to Know the Identity of Your E-Discovery Consultant?

  If you consult an expert to discuss e-discovery issues arising in litigation or hire a computer forensics consultant to help address technical issues, but they […]
July 20, 2015

Why Clients Shouldn’t “Self-Select” Documents for E-Discovery

  A recent opinion in a case against Ford Motor Company over unintentional vehicle acceleration demonstrates why it is often inadvisable to let data custodians collect their […]
January 20, 2015

Heeding Voltaire, Judge Approves Bulk “Attorneys Eyes Only” Designations

Noting French philosopher Voltaire’s observation that stones are often thrown “at those who are showing a new road,” federal Magistrate Judge Paul S. Grewal of California’s […]
December 4, 2014

6 Things to Include in E-Discovery “Quick Peek” Agreements

As discussed in a previous post, as a result of the volume of electronically stored information (ESI) parties must review in modern litigation, litigants often enter into “clawback” agreements providing for the […]
October 20, 2014

Court: Privileged Docs Must be Returned but OK to Use Knowledge Learned From Them

A New York federal court ordered the recipient of inadvertently produced privileged documents to return them, but permitted use of knowledge learned from them.  In Stinson v. […]