Archive: July 19, 2005

1
Use of Employer-Issued Laptop Computer by Criminal Defendant for Attorney-Client Communications Does Not Waive Privilege
2
Magistrate Resolution to Limit Electronic Discovery Costs

Use of Employer-Issued Laptop Computer by Criminal Defendant for Attorney-Client Communications Does Not Waive Privilege

People v. Jiang, 33 Cal.Rptr.3d 184 (Cal. Ct. App. 2005)

Weibin Jiang (“Jiang”), a native of China with limited English language skills, was convicted and sentenced to state prison for 19 years and 4 months in connection with sexual offenses against A., an acquaintance. The trial court improperly denied Jiang’s motion to suppress his statement to police (Miranda warnings were not adequately translated and conveyed), and his conviction was reversed. In addition, the trial court erred in finding that materials prepared by Jiang for Jiang’s attorneys and stored on his employer-issued laptop computer were not subject to the attorney-client privilege. Read More

Magistrate Resolution to Limit Electronic Discovery Costs

J.C. Associates v. Fidelity & Guaranty Ins. Co., 2005 WL 1570140 (D.D.C. July 1, 2005)

Plaintiff alleged that defendant breached the terms of an insurance policy by refusing coverage in connection with plaintiff’s use of a pesticide on a property managed by plaintiff. Defendant responded that the “absolute pollution exclusion” applies such that it need not provide coverage. Discovery disputes developed, including a dispute over how defendant must search and produce other claims files in response to a request seeking information related to interpretation of the exclusion. Read More

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