Appeals, Attorney-Client Privilege, Discovery Disputes

Washington District Court Limits Litigants’ Ability to Claw Back Privileged Documents Erroneously Produced in Discovery

King & Spalding on 6/3/2025

On April 29, 2025, United States District Judge John H. Chun of the Western District of Washington issued an order denying defendant Amazon’s request to claw back privileged documents it argued had inadvertently produced in...more

Florida Law Update: Slack Messages May Be Privileged Communication

Lowndes on 4/24/2025

Florida’s Sixth District Court of Appeal (6th DCA), which considers appeals from trial courts in an area running from Orange County down to Collier County, recently confirmed that discovery privileges apply to communications...more

The E-Discovery Digest - June 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 6/30/2017

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

Proskauer - Minding Your Business on 6/13/2017

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged

Proskauer - Minding Your Business on 6/3/2017

If one party in a lawsuit merely identifies documents on a privilege log without detail, does the other party bear the burden of showing that the withheld materials were not privileged, in order get access to those documents?...more

Key Lessons From the Recent Precedential Order by Federal Circuit – Jurisdiction, Mandamus, and Privilege

Proskauer - Minding Your Business on 12/8/2016

On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC,...more