Waiver of Privilege – Bow Tie Law

Clawback Agreements to Eliminate the Burden of Privilege Review

April 21, 2013 Josh Gilliland Document Review, e-Discovery, Predictive Coding, Privilege Review, Search Terms, Waiver of Privilege

I am gonna to hit the brakes, he’ll fly right by me. Maverick, Top Gun You’re gonna do what? Merlin, Top Gun Attorneys feel compelled by their duty of competency to their clients to have eyes on every document that might be privileged. Given cases such as J-M Manufacturing it[…]

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). […]