Archive: September 12, 2012

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Inadvertent Production Results in Waiver of Attorney-Client Privilege as to 347 Pages of Emails

Inadvertent Production Results in Waiver of Attorney-Client Privilege as to 347 Pages of Emails

Inhalation Plastics, Inc. v. Medex Cardio-Pulmonary, Inc., No. 2:07-CV-116, 2012 WL 3731483 (S.D. Ohio Aug. 28, 2012)

In this case, the court held that privilege had been waived as to 347 pages of inadvertently produced emails where, among other things, Defendant failed to establish the reasonableness of the precautions taken to prevent the disclosure and “failed to take adequate measures to rectify or mitigate the damage of the disclosure.”

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