Tag: Privilege or Work Product Protections

1
Simmons v. Safeway, Inc., No. 3:18-cv-5522 RJB (W.D. Wash. June 5, 2019).
2
Gates Corp. v. CRP Industries, No. 16-cv-01145 (D. Colo., 2019)
3
Washington-St. Tammany Electric Cooperative, Inc. et al v. Louisiana Generating, LLC (M.D. Louisiana, 2019)
4
Universal Standard Inc., v. Target Corporation, et al. (S.D. New York, 2019)
5
Kratz v. Scott Hotel Group, LLC (S.D. Ind., 2019)
6
Torres-Torres v. KW International, Inc., No-18-cv-164 (M.D. Fla., 2019)
7
Advanced Physicians, S.C. v. Connecticut Gen. Life Ins. Co. (Northern District of Texas, 2019)
8
Dulcich Inc. v. USI Insurance Services National, Inc., No. 18-cv-01089 (D. Ore, 2019)
9
Arconic Inc. v. Novelis Inc. (Western District of PA , 2019)
10
Wentz v. Project Veritas et al (M.D. Fla., 2019)

Simmons v. Safeway, Inc., No. 3:18-cv-5522 RJB (W.D. Wash. June 5, 2019).

Key Insight: Handwritten notes by Plaintiff had been produced. Plaintiff used attorney typed version to refresh memory before deposition. Court ordered production of typed notes.

Nature of Case: Employment Discrimination

Electronic Data Involved: Typed version of handwritten notes

Keywords: recollection refresh; deposition; privilege; work product

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Gates Corp. v. CRP Industries, No. 16-cv-01145 (D. Colo., 2019)

Key Insight: The crime-fraud exception invalidates attorney client privilege protections with regards to an internal investigation of an employee now known to have stolen proprietary documents and shared them with her supervisor.

Nature of Case: Theft of confidential business documents

Electronic Data Involved: database containing proprietary information

Keywords: proprietary information, theft, crime-fraud exception

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Washington-St. Tammany Electric Cooperative, Inc. et al v. Louisiana Generating, LLC (M.D. Louisiana, 2019)

Key Insight: emails included third parties and were not proven to be attorney client privilege and have been improperly withheld

Nature of Case: Breach of contract

Electronic Data Involved: emails improperly withheld as Attorney-client privilege.

Keywords: Attorney-client privilege, improperly withheld, emails copied to third parties.

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Universal Standard Inc., v. Target Corporation, et al. (S.D. New York, 2019)

Key Insight: privilege was waived because a public relations firm took part in the email exchanges adn they were not identified on the privilege log

Nature of Case: Trademark infringement

Electronic Data Involved: emails that were claimed to be privileged

Keywords: waived privilege, attorney-client privilege, work product, third party communication waiving privilege.

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Kratz v. Scott Hotel Group, LLC (S.D. Ind., 2019)

Key Insight: whether original version of narrative detailing mistreatments sent to attorney was work product; whether work product privilege attached to subsequent revisions of the same

Nature of Case: Consumer Class Action

Electronic Data Involved: withheld original document

Keywords: work product, original, altered

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Torres-Torres v. KW International, Inc., No-18-cv-164 (M.D. Fla., 2019)

Key Insight: Work product protections do not attach to data automatically generated by a vehicles electronic control module.

Nature of Case: vehicle collision personal injury

Electronic Data Involved: vehicle Electronic Control Module data

Keywords: Electronic Control Module

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Advanced Physicians, S.C. v. Connecticut Gen. Life Ins. Co. (Northern District of Texas, 2019)

Key Insight: Third party assignee of rights does not automatically include rights to the fiduciary exception to attorney-client privilege.

Nature of Case: ERISA

Electronic Data Involved: Electronic documents generally (privileged)

Keywords: attorney-client privilege, fiduciary duty, ERISA

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Dulcich Inc. v. USI Insurance Services National, Inc., No. 18-cv-01089 (D. Ore, 2019)

Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit.

Nature of Case: recovery of attorney costs incurred in prior suit

Electronic Data Involved: legal invoices

Keywords: legal invoices, implicit waiver

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Arconic Inc. v. Novelis Inc. (Western District of PA , 2019)

Key Insight: whether documents lose their privilege when there was limited effort to prevent their disclosure

Nature of Case: patent infridgement and violation of trade secrets

Electronic Data Involved: privileged documents requested back via a clawback agreement

Keywords: clawback, privilege, privilege review, search terms

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Wentz v. Project Veritas et al (M.D. Fla., 2019)

Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable

Nature of Case: interception of communication, defamation

Electronic Data Involved: email, text messages, calendars

Keywords: improper objection sanctioned

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