Electronic Discovery Law
Magistrate Finds Litigation Hold Notices Relevant, But Not Subject To Discovery Because Privileged
Kingsway Fin. Servs., Inc. v. Pricewaterhouse-Coopers LLP, 2006 WL 1520227 (S.D.N.Y. June 1, 2006) and Kingsway Fin. Servs., Inc. v. Pricewaterhouse-Coopers LLP, 2006 WL 1295409 (S.D.N.Y. May 10, 2006)
In these two opinions, the magistrate denied motions to compel plaintiff to produce document retention notices that it had issued regarding the litigation. Plaintiff resisted on privilege grounds, and the moving parties argued that any privilege had been waived by plaintiff's failure to list the document retention notices on its privilege log.
The court determined that the plaintiff's document retention (or "litigation hold") notices were relevant: "Like a party's destruction of relevant documents, if plaintiff's document retention notices are patently deficient or inadequate in some other respect, they might support a negative inference concerning the merits of plaintiff's claims."
However, since neither of the two notices were in existence at the time plaintiff's response to the requests for production was due, the court found that plaintiff's failure to list them on a privilege log did not waive any privilege that applied.
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