Post Process

Everything to do with E-discovery & ESI

Case Blurb: Parkdale; Potential waiver of privilege

Posted by rjbiii on November 29, 2007

[E]ven if relevant, [the party claims] that the requested information and documents are protected by attorney/client and/or attorney work product privilege. Counsel for the Plaintiffs conceded, however, that at least some responsive documents generated by the Plaintiffs in the ordinary course of business may have been taken by [attorneys] Reed Smith, LLP during the antitrust investigation and remain in their possession. Some of the otherwise arguably privileged information may have also been disclosed to third parties (e.g., opposing counsel and parties in the underlying antitrust actions), in a manner which would constitute waiver, thus rendering formerly protected material presently discoverable.

Parkdale America, LLC v. Travelers Cas. & Surety Co. of Am., 2007 WL 4165247 (W.D.N.C. Nov. 19, 2007).

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