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Case Blurb: Creative Pipe; Court describes process for maintaining attorney-client privilege

Posted on June 15, 2008

[I]nsuring that a privilege or protection claim is properly asserted in the first instance and maintained thereafter involves a several step process. First, pursuant to Fed.R.Civ.P. 26(b)(5), the party asserting privilege/protection must do so with particularity for each document, or category of documents, for which privilege/protection is claimed. At this first stage, it is sufficient […]

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Posted in 4th Circuit, Attorney Client Privilege, Case Blurbs, D. Md., FRCP 26(b), Magistrate Judge Paul W. Grimm, Privilege Log | Leave a Comment »

Case Blurb: Creative Pipe; Factors for determining the proper assertion of the attorney-client privilege

Posted on June 15, 2008

[I]n order for the court to determine whether the attorney-client privilege was properly asserted regarding a particular document, the court must make the following fact determinations: (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the […]

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Posted in 4th Circuit, Attorney Client Privilege, Case Blurbs, D. Md., Magistrate Judge Paul W. Grimm | Leave a Comment »

Case Blurb: Creative Pipe; Factors for the Intermediate Balancing Test for examining whether privilege has been waived

Posted on June 15, 2008

The intermediate test requires the court to balance the following factors to determine whether inadvertent production of attorney-client privileged materials waives the privilege: (1) the reasonableness of the precautions taken to prevent inadvertent disclosure; (2) the number of inadvertent disclosures; (3) the extent of the disclosures; (4) any delay in measures taken to rectify the […]

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Posted in 4th Circuit, Attorney Client Privilege, Case Blurbs, D. Md., Magistrate Judge Paul W. Grimm, Waiver of Privilege | Leave a Comment »

Case Blurb: Creative Pipe; Three Judicial approaches to examining waiver of privilege

Posted on June 15, 2008

[C]ourts have taken three different approaches when deciding whether the inadvertent production to an adversary of attorney client privileged or work-product protected materials constitutes a waiver. Under the most lenient approach there is no waiver because there has not been a knowing and intentional relinquishment of the privilege/protection; under the most strict approach, there is […]

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Posted in 4th Circuit, Attorney Client Privilege, Case Blurbs, D. Md., Magistrate Judge Paul W. Grimm, Waiver of Privilege | Leave a Comment »

Case Blurb: Creative Pipe; Not all keyword searches are created equal

Posted on June 15, 2008

While it is known that [Producing Party] and [Producing Party’s attorneys] selected the keywords, nothing is known from the affidavits provided to the court regarding their qualifications for designing a search and information retrieval strategy that could be expected to produce an effective and reliable privilege review. As will be discussed, while it is universally […]

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Posted in 4th Circuit, Best Practices, Case Blurbs, D. Md., Magistrate Judge Paul W. Grimm, Search Protocols | Leave a Comment »

Case Blurb: Victor Stanley II; The Gang that couldn’t Spoliate Straight

Posted on September 14, 2010

PostProcess-Pappas = defendant and spoliating party; VSI = Plaintiff and Requesting Party Victor Stanley, Inc. At the end of the day, this is the case of the “gang that couldn’t spoliate straight.” All in all, in addition to the attempted deletions that caused delay but no loss of evidence, there were eight discrete preservation failures: […]

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Posted in 4th Circuit, Case Blurbs, D. Md., Duty to Preserve, FRE 404(b), Magistrate Judge Paul W. Grimm, Sanctions, Spoliation | Leave a Comment »

Case Summary: William A. Gross Constr. Assocs.; Court Issues ‘wake up’ call to counsel on keywords

Posted on March 28, 2009

William A. Gross Constr. Assocs. v. Am. Mfrs. Mut. Ins. Co., 2009 U.S. Dist. LEXIS 22903 (S.D.N.Y. Mar. 19, 2009) The opinion addressed the creation of a search protocol in this case over “alleged defects and delay in the construction ofthe Bronx County Hall of Justice.” The court began by lecturing counsel, and the district’s […]

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Posted in 2nd Circuit, Case Summary, Effectively Managing E-Discovery, Key Words, Magistrate Judge Andrew J. Peck, S.D.N.Y, Search Protocols, The Sedona Conference | Leave a Comment »

Blogging LegalTech West 2008: Searching and Sampling ESI

Posted on June 30, 2008

I was only able to attend one course on this second, and last, day of the convention. It was, however, the one I really wanted to attend. In light of recent cases in Creative Pipe and O’keefe, I expected their to be interesting discussion centered around the subjects of formulating searches and how to sample […]

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Posted in Uncategorized | 3 Comments »

Mirror, Mirror, on the wall…

Posted on June 24, 2008

Wired has a set of twin articles out addressing life in the age of the Petabyte. A Petabyte is 1024 Terabytes, which is 1024 Gigabytes. The internet came into being as a tool to enhance communication and collaboration. And it has. But it has also changed the behavior of its users, and many of those […]

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Posted in Articles, Data Manipulation, Data Sources, Search Protocols, Trends | 1 Comment »

EDD Bibliography

Posted on October 2, 2007

Attorney Client Privilege Auto Club Family Ins. Co. v. Ahner, Civil Action No. 05-5723 (E.D.La. Aug. 29, 2007) Hoover v. Fla. Hydro, Inc., No. 07-1100 (E.D. La. Oct. 1, 2008 ) Victor Stanley, Inc. v. Creative Pipe, Inc., CIVIL ACTION NO. MJG-06-2662 (D.Md. May 29, 2008 ) (PDF Format) Rhoads Indus. v. Bldg. Materials Corp. […]

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