Tag: FRCP 26(b)(5)(B) or FRE 502

1
Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)
2
Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)
3
Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)
4
Laub v. Horbaczewski, No. 2:17-CV-06210 JAK (KSx) (C.D. Cal. July 30, 2019).
5
Heartland Consumer Products LLC v. Dineequity, Inc. (S.D. Ind., 2018)
6
Pinkham v. Coca-Cola Refreshments USA, Inc. (S.D. Ind, 2018)
7
BlackRock Balanced Capital Portfolio v. Deutsche Bank National Tr. Co. (S.D.N.Y., 2018)
8
Terry v. Register Tapes Unlimited (E.D. Cal., 2018)
9
In re Testosterone Replacement Therapy Products Liability Litigation, 301 F. Supp. 3d 917 (N.D. Illinois, Eastern Division, 2018)
10
CP Salmon Corp. v. Pritzker, —F. Supp. 3d.—,No. 3:16-cv-00031-TMB, 2017 WL 744022 (D. Alaska Feb. 24, 2017)

Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)

Key Insight: Waiver of privilege for documents inadvertently posted to publicly accessible Box.com location

Nature of Case: insurance coverage litigation

Electronic Data Involved: Box.com uploads

Keywords: Box.com, privilege waiver, publicly accessible, account permissions, file sharing

Identified State Rule(s): Va. Sup. Ct. R. 4.1(b)(6)(ii)

Identified Federal Rule(s): FRE 502(b)

View Case Opinion

Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)

Key Insight: detailed stipulation of the discovery plan

Nature of Case: violation of the securities exchange act

Electronic Data Involved: all relevant discovery

Keywords: stipulation, discovery plan

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Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)

Key Insight: Properly clawed back privileged documents may not be relied upon for evidence in a case. However, if the contents of these clawed back documents demonstrates bad faith discovery conduct, then sanctions can still be awarded.

Nature of Case: slip-and-fall injury

Electronic Data Involved: inadvertently produced privileged documents

Keywords: clawback, bad faith, intent to deprive

View Case Opinion

Laub v. Horbaczewski, No. 2:17-CV-06210 JAK (KSx) (C.D. Cal. July 30, 2019).

Key Insight: Did not withhold irrelevant texts. Judge denied clawback for relevance.

Nature of Case: Contract

Electronic Data Involved: Text Messages

Keywords: clawback, relevance

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Terry v. Register Tapes Unlimited (E.D. Cal., 2018)

Key Insight: Defendant’s production was held to be inadequate due to only producing 1k out of tens of thousands, and not providing a signed verification that the production was full and complete.

Nature of Case: Contract

Electronic Data Involved: financial records, documents

Keywords: inadequate production, signed verification, trade secrets

View Case Opinion

In re Testosterone Replacement Therapy Products Liability Litigation, 301 F. Supp. 3d 917 (N.D. Illinois, Eastern Division, 2018)

Key Insight: clawback, claw back, waiver, inadvertent disclosure

Nature of Case: RICO, Personal Injury, Product Liability

Keywords: clawback, claw back, waiver, waived, inadvertent disclosure, inadvertence, attorney-client privilege

View Case Opinion

CP Salmon Corp. v. Pritzker, —F. Supp. 3d.—,No. 3:16-cv-00031-TMB, 2017 WL 744022 (D. Alaska Feb. 24, 2017)

Key Insight: Applying Fed. R. Evid. 502, court found Defendants? inadvertent inclusion of privileged information in the Administrative Record did not waive privilege where declarations of persons with ?sufficient personal knowledge? established the inadvertence of the inclusion where, in light of the multiple levels of review of the documents and the relevant circumstances including the ?sheer number of pages and compressed timeframe,? the court found Defendant had undertaken reasonable steps to prevent disclosure, and where Defendants took action to rectify the error within three weeks of the disclosure

Nature of Case: Administrative law

Electronic Data Involved: Administrative Record

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