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.
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
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
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
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
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
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
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)
Key Insight: law enforcement investigative privilege, law enforcement evidentiary privilege
Nature of Case: insurance coverage litigation
Electronic Data Involved: 911 recordings, video footage, photographs, witness statements, contact information, arrest and intake records
Keywords: in-camera inspection, law enforcement, investigative privilege, evidentiary privilege, particularity
Key Insight: Plaintiff and Defendant’s motions to compel are both granted and denied in part
Nature of Case: Trademark rights, and when TM protection ends
Electronic Data Involved: e-mails, telephone call, business documents, the product in question, interrogatories
Keywords: Trademark, trade secrets, modification, proportional, executive
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