Electronic Discovery Law

Posted at 7:20 AM on December 15, 2004 by K&L Gates

Court Orders Production of All Materials Made Available to Experts

United States Fid. & Guar. Co. v. Braspetro Oil Serv. Co., 2002 WL 15652, 53 Fed.R.Serv.3d 60 (S.D.N.Y. 2002)

Plaintiffs sought production of privileged documents, on the grounds that defendants had made all of the documents on their privilege log available to their experts, thereby waiving all privilege with respect to those documents, as well as subjecting the documents to the requirements of expert discovery under Fed. R. Civ. P. 26(a)(s).

The court found that the defendants made available the full contents of some 60 CD-ROMs to at least two testifying experts. The court stated it could only conclude, under the circumstances, that the defendants voluntarily relinquished whatever confidentiality attached to the contents of those disks, and thereby waived the attorney-client privilege with respect to everything on the disks. 2002 WL 15652, at *5. Ordering the defendants to produce all materials provided to their experts, the court explained that the order extended to everything on defendant's privilege logs, and included all documents, privileged or privileged, furnished in hard copy or electronic form, as well as all indexes and search tools furnished therewith. Id. at *9.

Trackbacks (0) Links to blogs that reference this article Trackback URL

Comments (0) Read through and enter the discussion with the form at the end

This blog/Web site is made available by the contributing lawyers or law firm publisher solely for educational purposes to provide general information about general legal principles and not to provide specific legal advice applicable to any particular circumstance. By using this blog/Web site, you understand that there is no attorney client relationship intended or formed between you and the blog/Web site publisher or any contributing lawyer. The blog/Web site should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

K&L Gates includes lawyers practicing out of more than 40 fully integrated offices located in North America, Europe, Asia, South America, and the Middle East, and represents numerous GLOBAL 500, FORTUNE 100, and FTSE 100 corporations, in addition to growth and middle market companies, entrepreneurs, capital market participants and public sector entities. For more information about K&L Gates or its locations and registrations, visit www.klgates.com.

Portions of this Web site may contain Attorney Advertising under the rules of some states. Prior results do not guarantee a similar outcome.

e-Discovery Analysis & Technology group at K&L Gates, offering services related to ediscovery, review of electronic documents, electronic discovery and electronic evidence discovery.
K&L Gates LLP
925 Fourth Avenue, Suite 2900, Seattle, Washington 98104-1158
p. 206.623.7580, f. 206.623.7022