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DataKos: Maintaining Privilege Moves to the Forefront
Contending that avoiding inadvertent disclosure of privileged documents will become the top EDD risk of 2008, DataKos opines: There is much uncertainty, even among many lawyers, as to when the...
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House passes Proposed FRE 502
Last Monday, the House passed the proposed rule, which is designed to protect parties against the inadvertent disclosure of privileged material, and the waiver of the privilege because of the...
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Effects of New FRE 502 discussed
Attorneys from Paul Hastings Janofsky & Walker LLP have posted an article discussing inadvertent disclosure and its effect on privilege under new FRE 502: Under the Rule, parties can create the...
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Case Blurb: Herriot; Court re-crafts protocol for privileged waiver on...
Ordinarily, disclosure of confidential information to an unprotected third party operates as a waiver. Under FRE 502, however, disclosure of privileged information will not operate as a waiver when...
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Case Summary: Heriot; Vendor Error resulting in Production of Privileged...
Heriot v. Byrne, 2009 U.S. Dist. LEXIS 22552 (N.D. Ill. Mar. 20, 2009) To assist them in complying with a production request, responding party hired a vendor to provide scanning and other services...
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Case Blurb: Relion, Inc; Multiple failures lead to a waiver of privilege
[Post Process: the court applies FRE 502(b) for its analysis of a situation of inadvertent production] On the basis of this evidence, I conclude that [Producing Party] has not carried its burden of...
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