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EDRM - Electronic Discovery Reference Model

May’s Notable Cases and Events in E-Discovery

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[Editor’s Note: This article was first published May 15, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Proskauer - Minding Your Business

NY Court Re-Affirms Privilege Protection for Personal Emails Sent by Law Firm Partner on Firm Email Account

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Citing new deposition testimony, actor Justin Theroux in a recent motion asked the New York Supreme Court to reconsider its December 2020 denial of Theroux’s motion to compel production of emails that his neighbor, Norman...more

Jones Day

Delaware Court Ruling Raises Privilege Concerns for Communications With Outside Directors

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The Situation: Use by outside directors of non-company email accounts or other non-secure platforms to conduct board business risks waiver of the board's privilege. Even if the privilege is maintained, use of such an account...more

McGuireWoods LLP

Dartmouth Strikes Out on Privilege Claim for Email Threads

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Courts analyzing privilege assertions for email threads often look for some indicia of that protection on the face of those emails. In Anderson v. Trustees of Dartmouth College, Case No. 19-cv-109-SM, 2020 U.S. LEXIS...more

Farrell Fritz, P.C.

Spoliation Of Evidence: When A Litigation Hold Is No Longer Privileged

Farrell Fritz, P.C. on

In New York, it is widely recognized that the duty to preserve documents arises once a party “reasonably anticipates litigation” (see Voom HD Holdings LLC v EchoStar Satellite, 93 AD3d 33, 41-42 [1st Dept 2012]). And so,...more

Akin Gump Strauss Hauer & Feld LLP

Common Interest Doctrine and Attorney-Client Privilege Protect Distributor’s Email Communication with Defendant

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In a January 14, 2020, order, the Northern District of Illinois granted in part and denied in part, a plaintiff’s motion to compel the production of documents withheld as privileged. The court found that an email between the...more

Morris James LLP

Chancery Holds Plaintiffs’ Emails with Counsel on Defendants’ Server Are Privileged Due to Application of Argentine Law

Morris James LLP on

Lynch v. Gonzalez, C.A. No. 2019-0356-MTZ (Del. Ch. Nov. 18, 2019). The plaintiff brought suit seeking confirmation that it validly acquired from defendants a majority ownership interest and the concomitant right to manage...more

Epiq

2017 eDiscovery Case Law Review

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Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The E-Discovery Digest - October 2016"

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The fifth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney client privilege and work-product doctrine, spoliation, and discovery responses. ...more

McGuireWoods LLP

E-Discovery Update: Email Threading Cuts Costs, Reduces Production of Irrelevant, Potentially Privileged Documents

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Email threading is becoming more and more prevalent in the world of e-discovery. It can be a valuable tool for cost-saving and efficiency in document review and production. Many parties are not familiar with or do not...more

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