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Electronic Communications Discovery Attorney-Client Privilege

EDRM - Electronic Discovery Reference Model

Privilege Log Deemed Partially Inadequate

In Gilbane Bldg. Co. v. School Bd. of Broward County, 2025 WL 1615553 (S.D. Fl. Jun 6, 2025), plaintiff moved to compel a “compliant” privilege log. The court decided six issues. The court wrote: “I agree that Defendant...more

Kilpatrick

Blurred Lines: Personal Devices, Proportionality, and Piercing the Work Product Privilege

Kilpatrick on

In a fairly short opinion and order, the district court in Weston v. DocuSign, Inc. analyzed whether the parties were entitled to the production of text messages from former employees’ personal devices and potential piercing...more

McGuireWoods LLP

The Surprising Danger of Including a Spouse on Email Communications

McGuireWoods LLP on

Most lawyers know that state statutes or common law doctrines often protect communications between spouses – although there is wide variation in such approaches. But there is a lurking danger that all of us should keep in...more

BCLP

Navigating a Security Incident - Communication “Dos” and “Don’ts”

BCLP on

Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical. Below are some DOs and DON’Ts for communicating during a data...more

EDRM - Electronic Discovery Reference Model

“Attachments to Attorney-Client Communications May Be Withheld as Privileged, Without an Independent Basis for Privilege,” But….

In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more

EDRM - Electronic Discovery Reference Model

May’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published May 15, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Jenner & Block

Supreme Court Evaluates Scope of Attorney-Client Privilege for Dual-Purpose Communications

Jenner & Block on

On January 9, 2023, the US Supreme Court heard oral argument in the matter of In re Grand Jury, No. 21-1397, which asked the Court to determine whether “dual-purpose” communications involving both legal and business advice...more

McGuireWoods LLP

Court Explains How Employee-to-Employee Emails Can Deserve Privilege Protection

McGuireWoods LLP on

Because privilege logs necessarily contain logistical but not content-based information about withheld documents, adversaries sometimes challenge privilege protection because no lawyer sent or received a withheld document....more

Lowndes

Data Breach! Miranda Himself May Be Dead, But the Wisdom of the Case that Bears His Name Lives On

Lowndes on

Let us assume a company has done all the right things. Preemptive security was a concern, so the company tightened up its written cybersecurity controls and associated technical controls, including policies and...more

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