Archive: June 20, 2006

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10th Circuit Declines to Adopt a Rule of “Selective Waiver” which would Allow Production of Work Product and Privileged Documents to Investigators Without Waiving Further Protection
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Special Master to Evaluate Authenticity of Electronic Evidence Which Plaintiff Claimed Was Fabricated

10th Circuit Declines to Adopt a Rule of “Selective Waiver” which would Allow Production of Work Product and Privileged Documents to Investigators Without Waiving Further Protection

In re Qwest Communications Int’l, Inc., 2006 WL 1668246 (10th Cir. June 19, 2006)

In this mandamus action, Qwest Communications International, Inc. presented an issue of first impression in the 10th Circuit, namely, whether Qwest waived the attorney-client privilege and work-product doctrine, as to third-party civil litigants, by releasing privileged materials to federal agencies in the course of the agencies’ investigation of Qwest. Qwest urged the appellate court to adopt a rule of “selective waiver” or “limited waiver” which would allow production of attorney-client privileged and work-product documents to the United States Department of Justice and the Securities and Exchange Commission without waiver of further protection for those materials. The court held that the district court did not abuse its discretion in declining to apply selective waiver and denied Qwest’s petition for a writ of mandamus. Read More

Special Master to Evaluate Authenticity of Electronic Evidence Which Plaintiff Claimed Was Fabricated

Inventory Locator Serv. LLC v. Partsbase, Inc., 2006 WL 1646091 (W.D. Tenn. June 14, 2006)

In this case, plaintiff brought claims under the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act, alleging that defendant obtained unlawful access to plaintiff’s computerized database. Defendant counterclaimed, alleging similar conduct by plaintiff. Plaintiff moved to strike the counterclaim and for the appointment of a special master under Rule 53(b) of the Federal Rules of Civil Procedure to determine whether defendant fabricated evidence. Plaintiff offered to pay the initial costs associated with the appointment of a special master. Read More

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