Posts Tagged “Privilege or Work Product Protections”

Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)

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

D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019)

Key Insight: Privileged docs based on only state law must be produced in a case with both federal and state claims Nature of Case: Medical malpractice Electronic Data Involved: Responsive documents Keywords: Privilege, state law Identified State Rule(s): K.S.A. section 65-4925(a) Identified Federal Rule(s): FRCP 26(b)  

Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)

Key Insight: Waiver of privilege for documents inadvertently posted to publicly accessible Box.com location Nature of Case: insurance coverage litigation Electronic Data Involved: Box.com uploads Keywords: Box.com, privilege waiver, publicly accessible, account permissions, file sharing Identified State Rule(s): Va. Sup. Ct. R. 4.1(b)(6)(ii) Identified Federal Rule(s): FRE 502(b)  

Dulcich Inc. v. USI Insurance Services National, Inc., No. 18-cv-01089 (D. Ore, 2019)

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) […]

Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)

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