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Discovery About Discovery – When Was Duty to Preserve Triggered?

E-Discovery LLC

15, 2024), the court “allowed [defendants] Hillrom to take limited discovery about when [plaintiff] Linet’s duty to preserve may have arisen….” In short, the court authorized discovery of privilege-log-type information, such as when plaintiff communicated with counsel prior to suit and the general subject-matter of those communications.

Discovery 130
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A Request to File a Privilege Log Under Seal Was Denied

E-Discovery LLC

21, 2024), the court wrote: “Before the Court are a litany of motions to seal exhibits to contemporaneously filed briefing on discovery disputes.” The Sazerac court granted a number of those motions; however, it denied the motion to seal a privilege log that had been filed as an exhibit. Distributing Co., LLC , 2024 WL 3905739 (W.

Exhibits 130
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“Attachments to Attorney-Client Communications May Be Withheld as Privileged, Without an Independent Basis for Privilege,” But….

E-Discovery LLC

For example, if a client sends a privileged email to counsel seeking legal advice, and attaches several files, neither the email nor the attached files need to be produced in discovery. Sunshine, “The Part & Parcel Principle: Applying the Attorney-Client Privilege to Email Attachments,” 8 J. But, there are major caveats.

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When is a Categorical Privilege Log Insufficient?

E-Discovery LLC

See Categorical Privilege Logs: Don’t Shoot a Mouse with an Elephant Gun (Mar. 25, 2021); Categorical Privilege Log Presented Interpretive Issues (Nov. In short, when it comes to privilege logging, proportionality principles should apply. Managing E-Discovery and ESI: From Pre-Litigation Through Trial” (ABA 2011), 355-58.