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Discovery About Discovery – When Was Duty to Preserve Triggered?

E-Discovery LLC

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. However, it did not allow discovery of the privileged communications.

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

E-Discovery LLC

This blog focuses solely on the privilege log aspect of Sazerac. One litigant, RNDC, moved to seal certain exhibits to its response to a motion, including a privilege log. at *1 (cleaned up; citations and quotations omitted; emphasis added). Many courts have procedural rules or local rules that govern filing under seal.

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

E-Discovery LLC

The Linet Americas court described the competing positions: The producing plaintiff, “Linet argues attachments to privileged emails that sought legal advice are also privileged as part of that communication, but it also says 29 of the 33 attachments have been or will be produced ‘as they exist independently of the privileged communications.’”

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Good Help: Non-lawyer Assistants—Human and Virtual

WA Bar News

2000), for example, a paralegal moving laterally between firms on opposite sides of significant commercial litigation was screened from the matter involved shortly after arriving at the other firm rather than before. The paralegal later viewed 972 privileged emails and moved them into the firm’s case database. Because RPC 5.3(a)