Subject Matter: E-Discovery
Background: Construction company sued customer and others, asserting claims for, inter alia, breach of contract and negligent misrepresentation. After company inadvertently produced more than 800 privileged electronic documents, defendants moved to deem certain of company’s privilege claims waived.
Holdings: The District Court, Baylson, J., held that:
(1) company waived attorney-client privilege for documents that it had failed to list on any privilege log as of date upon which company produced new privilege log in response to notification, from defendants, that materials produced by company appeared to include privileged documents, but
(2) company did not waive attorney-client privilege for more than 800 privileged electronic documents that it inadvertently produced to defendants.
Motions to deem privilege claims waived granted in part and denied in part.
Document Date: November 14 2008
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