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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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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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“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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Sometimes, I Wonder….

E-Discovery LLC

According to the defendants, the twenty-one emails to or from AAG Schaller as she worked with the prison to compile a supplemental return to file in the plaintiffs certiorari case are the epitome of attorney-client privileged communication and attorney work product.

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When is a Categorical Privilege Log Insufficient?

E-Discovery LLC

Over several months, the parties conferred about, among other things, “a privilege log with details sufficient to enable Defendants to evaluate Relator’s privilege claims.” It then wrote: There is no question that Relator’s privilege log fails to meet these requirements. at *3 (emphasis added).

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

E-Discovery LLC

The issue presented was, where a plaintiff claims emotional distress damages and designates her therapist as an expert, did plaintiff waive the attorney-client privilege by disclosing A-C privileged communications in a therapy session that was otherwise protected by the psychotherapist-patient privilege?

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A Request to File a Privilege Log Under Seal Was Denied

E-Discovery LLC

The court explained that: “Where other courts have assessed whether a privilege log should be sealed, they have refused to do so absent attestations that the privilege log reveals the substance of privileged communications.” Many courts have procedural rules or local rules that govern filing under seal.

Exhibits 130