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Archive for December 26th, 2007

Case Blurb: Ryan; Handling Privilege Claims

Posted by rjbiii on December 26, 2007

Maxim’s assertion that it has already produced all non-privileged documents responsive to this particular request leaves unanswered and unclear precisely which documents have not been produced based on privilege. Thus, Maxim shall provide an updated and complete privilege log (in substitution for the May 15, 2007 privilege log) identifying each document for which it claims privilege (and that has not been produced under this subject request), as well as the document’s date, author, recipients, and a brief description of the precise privilege relied upon as a basis for withholding the document. The privilege log shall be submitted to plaintiffs and to the Court. Maxim shall further provide the Court with each of the withheld documents identified in the privilege log for the Court’s in camera inspection. In order to be explicitly clear, these documents shall include any minutes or notes of meetings (whether in person or telephonically) of discussions or negotiations regarding the Jasper/Gifford terminations. The individual defendants are under the same burden to produce the requested documents concerning the termination. If documents are withheld on the grounds of privilege, the individual defendants must provide plaintiffs and the Court with a privilege log, as above described, identifying each and every document being withheld, together with copies for the Court’s in camera review.

Ryan v. Gifford, 2007 WL 4259557 (Del. Ch. Nov. 30, 2007)

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Posted in Case Blurbs, Chancellor William B. Chandler, Del. Ch., Privilege, Privilege Log, State Courts | Leave a Comment »

Trends in E-Discovery Point to Bad News for the Unprepared

Posted by rjbiii on December 26, 2007

E-discovery should be the thing which causes IT departments to break out their cub scout books and remember what it means to “be prepared.” A recent article posted by the Wisconsin Technology Network discusses the meanings of emerging trends in electronic discovery:

A CIO who is on top of things will have frequent meetings with staff attorneys, review e-discovery processes, and map out what the organization’s infrastructure looks like – essentially knowing where data “lives” so the organization can react to litigation. The number of hours spent on e-discovery is growing, but the time investment depends largely on a company’s litigation profile.

This will sound familiar to frequent readers. The article notes some general trends:

Even for complacent companies, Phelps said e-discovery case law is providing more answers in three specific areas: litigation holds, obligations to preserve data, and the determination of what information is reasonably accessible.

Of course, sometimes the guidance is conflicting and ambiguous, but what is clear is that indifference to the rules won’t be excused by courts.

Posted in Articles, Best Practices, Trends | Leave a Comment »