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Ediscovery Law News
Ediscovery Law News
Landmark Ruling by The Eastern District Court of Pennsylvania Applies Rule 502; The Ruling Articulates a (1) Road Map for Analyzing Inadvertent Disclosures; (2) Emphasizes the Need to take Prompt Mitigating Action Where Privileged Material Has Been Produc
A recent case in the Eastern District of Pennsylvania, Rhoads Indus., Inc. v. Bldg. Materials Corp. of Am., 2008 WL 4916026 (E.D. Pa. Nov. 14, 2008), applied Rule 502 of the Federal Rules of Evidence (entitled Attorney-Client Privilege and Work Product; Limitations on Waiver) where the reasonableness of the producing party's due diligence became an issue. The Court took a softer stance on the onerous requirements articulated in Victor Stanley, Inc. v. Creative Pipe, Inc., 250 F.R.D. 251 (D.Md.2008). However, the Court cautions that parties who are warned about the accidental production of privileged materials and then fail to mitigate their own accidental production will waive the privilege (e.g. the attorney-client or attorney-work product privileges). The Court also highlighted the importance of paying special attention to search methodologies, including the keywords used, the software used, and the statistical validity of the methods used.
Categories: edd_feed
Landmark Ruling by The Eastern District Court of Pennsylvania Applies Rule 502; The Ruling Articulates a (1) Road Map for Analyzing Inadvertent Disclosures; (2) Emphasizes the Need to take Prompt Mitigating Action Where Privileged Material Has Been Produc
A recent case in the Eastern District of Pennsylvania, Rhoads Indus., Inc. v. Bldg. Materials Corp. of Am., 2008 WL 4916026 (E.D. Pa. Nov. 14, 2008), applied Rule 502 of the Federal Rules of Evidence (entitled Attorney-Client Privilege and Work Product; Limitations on Waiver) where the reasonableness of the producing party's due diligence became an issue. The Court took a softer stance on the onerous requirements articulated in Victor Stanley, Inc. v. Creative Pipe, Inc., 250 F.R.D. 251 (D.Md.2008). However, the Court cautions that parties who are warned about the accidental production of privileged materials and then fail to mitigate their own accidental production will waive the privilege (e.g. the attorney-client or attorney-work product privileges). The Court also highlighted the importance of paying special attention to search methodologies, including the keywords used, the software used, and the statistical validity of the methods used.
Categories: edd_feed