Tag: Privilege or Work Product Protections

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Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)
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D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019)
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Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)
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US EEOC v The George Washington University (D.D.C. 2020)
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In re Fluor Intercontinental, Inc., 803 Fed.Appx. 697 (4th Cir. Mar. 25, 2020)
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Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)
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Noahs Wholesale, LLC v. Covington Specialty Insurance Co. (Southern District of Florida, 2020)
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IN RE: Bard IVC Filters Products Liability Litigation (D. Arizona, 2020)
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Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)
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In re: Search Warrant Issued June 13, 2019 (4th Circuit, 2019)

Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)

Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase

Nature of Case: copyright dispute

Electronic Data Involved: phone call recording

Keywords: protective order, confidential phone call, work-product

Identified State Rule(s): FRBC Rule 4-4.1, 4-1.2

Identified Federal Rule(s): 26(b)(3), 37(a)(5)

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D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019)

Key Insight: Privileged docs based on only state law must be produced in a case with both federal and state claims

Nature of Case: Medical malpractice

Electronic Data Involved: Responsive documents

Keywords: Privilege, state law

Identified State Rule(s): K.S.A. section 65-4925(a)

Identified Federal Rule(s): FRCP 26(b)

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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)

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US EEOC v The George Washington University (D.D.C. 2020)

Key Insight: Defendant was ordered to produce non-privileged emails responsive to RFP’s. Linear reivew proposed by Defendant wasn’t necessary and other paths existed. Concerns that potential production of privileged information was not enough to justify withholding. Defendant claimed a document by document review was needed, but court believed claw back provisions would be sufficient.

Nature of Case: employment discrimination

Electronic Data Involved: Email

Keywords: review process, 502, privilege

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In re Fluor Intercontinental, Inc., 803 Fed.Appx. 697 (4th Cir. Mar. 25, 2020)

Key Insight: Disclosure of summary of internal investigation did not waive privilege of underlying documents. Waiver not inferred simply because of disclosure of materials on same topic.

Nature of Case: employment dispute

Electronic Data Involved: internal investigation files

Keywords: waiver, privilege

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Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)

Key Insight: Proportionality need for records not related to the claim; Relevance; Access to records; Parties resources; Whether the burden or expense of the proposed discovery outweighs it’s likely benefit

Nature of Case: Prisoner Pro Se – Unconstitutional use of excessive force by corrections officers

Electronic Data Involved: Hard copy (discipline records/ Mail logs); collection

Keywords: Compel; Sanctions; Declaration of counsel; Malicious and sadistic purpose to inflict harm; State of Mind; Veracity; narrowed requests; meet and confer;

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Noahs Wholesale, LLC v. Covington Specialty Insurance Co. (Southern District of Florida, 2020)

Key Insight: when work product doctrine comes into play

Nature of Case: theft of business property insurance claim

Electronic Data Involved: insurance file claim work product claim

Keywords: work product doctrine, anticipation of litigation

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Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)

Key Insight: Failure to produce; Sanctions; Proportionality

Nature of Case: Trademark & Copyright infringement

Electronic Data Involved: Hard copy; correspondence; email

Keywords: “Functional employee”; Consultant; Third-party communications; Privilege; Spoliation; Unfair prejudice; Attorney’s fees and costs; Proportionality; Access/Resources;

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In re: Search Warrant Issued June 13, 2019 (4th Circuit, 2019)

Key Insight: whether the government can create a filter team to go through documents that may be privileged

Nature of Case: money laundering and obstruction of a federal investigation

Electronic Data Involved: documents seized from a law firm that is subject to attorney client privilege

Keywords: filter team, attorney client privilege, work product, search warrant.

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