E-Discovery LLC

JULY 23, 2024

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

Discovery Privileged Communication Litigation 130

E-Discovery LLC

JANUARY 23, 2025

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.

Privileged Communication 130

Privileged Communication Litigation Precedent Discovery 130

E-Discovery LLC

AUGUST 8, 2024

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.’”

Privileged Communication 130

Privileged Communication Discovery Precedent Litigation 130

E-Discovery LLC

JUNE 20, 2024

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).

Privileged Communication 130

Privileged Communication Discovery Burden Of Proof Litigation 130

E-Discovery LLC

JANUARY 7, 2025

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.

Privileged Communication 130

Privileged Communication Litigation Discovery Evidence 130

E-Discovery LLC

SEPTEMBER 18, 2024

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?

Depositions 130

Depositions Privileged Communication Witnesses Discovery 130

E-Discovery LLC

FEBRUARY 21, 2025

The Homeland court held that New York law provided the rule of decision as to privilege, because jurisdiction was based on diversity. At the risk of oversimplifying, I suggest a few guidelines and a different approach.

Discovery 130

Discovery Litigation Privileged Communication Court Rules 130