E-discovery blunder leads to loss of attorney-client privilege
A federal judge in Maryland ruled late last month that a company being sued for copyright infringement waived attorney-client privilege for 165 documents accidentally disclosed to opposing counsel during the e-discovery process.
In a 43-page opinion issued in federal court in Baltimore, Judge Paul Grimm said that Creative Pipe Inc. failed to exercise "reasonable precautions" to ensure that sensitive information in business documents and e-mail communications was protected before it was made accessible to plaintiff Victor Stanley Inc. during electronic-evidence-gathering procedures last year.
E-discovery blunder leads to loss of attorney-client privilege
This is pretty dicey stuff. Hope their insurance was paid up. You have to be REAL careful about releasing this kind of data to the opposition. Consult with the attorney you are working for every single day if you have to. It takes almost no time to blast out a keyword search. Going through the data correctly takes 3x as long, easy.
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