FRE 502 – Bow Tie Law

What to Do After an Inadvertent Production

September 26, 2017 Josh Gilliland FRE 502, Work Product Doctrine

The inadvertent production of privileged discovery can be a significant challenge both legally and technically. Was the privilege waived with the inadvertent production? How can the production be technically clawed back? The answers to these questions and best practices are explained in my new guest post What to Do After[…]

How “Ridiculous” Productions Can Waive the Attorney-Client Privilege

August 4, 2010 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, FRE 502, Waiver of Privilege

The ridiculously high number of irrelevant materials and the large volume of privileged communications produced demonstrate a lack of reasonableness. Robert C. Chambers, United States District Court Judge Preparing electronic discovery takes careful review and following Judge Grimm’s Victor Stanley checklist. That did not happen in this case. The Plaintiffs[…]

Federal Rule of Evidence 502(b): Not to be Gutted Like a Fish

December 22, 2009 Josh Gilliland Electronically Stored Information, ESI, FRE 502, Waiver of Privilege

Magistrate Judge Facciola addressed Federal Rule of Evidence Rule 502(b) with the inadvertent disclosure of a memorandum protected by the work product doctrine, in a case involving an officer with the DC Department of Corrections. Amobi v. D.C. Dep’t of Corr., 2009 U.S. Dist. LEXIS 114270, 20-21 (D.D.C. Dec. 8, 2009). […]