Because of the volumes of information and the complexities of data found in many cases that require extensive electronic discovery, issues related to attorney-client privilege can require significant attention during the document search, review, and production processes for these cases. Addressing attorney-client privilege requires particular nuance when considering “dual-purpose communications,” in which both legal advice […]
Because of the volumes of information and the complexities of data found in many cases that require extensive electronic discovery, issues related to attorney-client privilege can require significant attention during the document search, review, and production processes for these cases. Addressing attorney-client privilege requires particular nuance when considering “dual-purpose communications,” in which both legal advice […]
Because of the volumes of information and the complexities of data found in many cases that require extensive electronic discovery, issues related to attorney-client privilege can require significant attention during the document search, review, and production processes for these cases. Addressing attorney-client privilege requires particular nuance when considering “dual-purpose communications,” in which both legal advice […]
Key Insight: Plaintiffs argue that defendants’ claims of privilege should be overruled due to the crime-fraud exception. Defendants withheld emails claiming work product and attorney-client privilege. Plaintiffs have not argued that the emails are not covered by either the work product doctrine or the attorney-client privilege. The purpose of the crime-fraud exception is to assure […]
Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit. Nature of Case: recovery of attorney costs incurred in prior suit Electronic Data Involved: legal invoices Keywords: legal invoices, implicit waiver Identified State Rule(s): ORS 40.225(2) Identified Federal Rule(s): FRCP 41(a)(1) […]
Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase Nature of Case: copyright dispute Electronic Data Involved: phone call recording Keywords: protective order, confidential phone call, work-product Identified State Rule(s): FRBC Rule 4-4.1, 4-1.2 Identified Federal Rule(s): 26(b)(3), 37(a)(5) View Case Opinion