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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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Another Approach to Drafting and Discovery of Litigation Hold Notices

E-Discovery LLC

It wrote: Viewing the communications at issue in their full content and context, the Court finds that they constitute privileged communications between an attorney, the attorneys employee, and the client for the purpose of obtaining and providing legal advice. DISCOVERY OF LITIGATION HOLD NOTICES HAS LONG BEEN AN ISSUE.

Discovery 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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The “Part and Parcel” Principle

E-Discovery LLC

Many thanks to Doug Austin for Responsive Nonprivileged Documents Attached to a Privileged Communication Must Be Produced (Jan. Dougs excellent blog points out that the court held that non-privileged children of a privileged parent must be produced; however, they need not be produced with the parent.

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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.

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Sometimes, I Wonder….

E-Discovery LLC

He sought discovery of twenty-one emails between Assistant Attorney General Melissa Schaller and Waupun staff related to the compiling of the supplemental return in the Dane County Circuit Court certiorari case the plaintiff filed for his Conduct Report 24617890. The court allowed the inmate to proceed on certain claims.

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Privilege Waiver by: Disclosure to Therapist; and, in Rule 30(b)(6) Deposition Preparation

E-Discovery LLC

the Court addressed two important discovery issues. First , where the plaintiff designated her therapist as an expert witness on emotional distress damages, her disclosure of privileged attorney-client communications in otherwise privileged therapy sessions waived the privileges. Privileges may be “stacked.”