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Privilege Log Helps Defeat Summary Judgment on One Count

E-Discovery LLC

However, its privilege log contained entries showing earlier privileged communications relating to terminating plaintiff. The court held that, combined with other evidence, the privilege log raised factual disputes and credibility issues. This blog was initially posted on Electronic Discovery Reference Model. [1]

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When AI Conversations Become Compliance Risks: Rethinking Confidentiality in the ChatGPT Era

Complex Discovery

Altman emphasized the distinction between AI interactions and privileged communications, highlighting the risk that such digital exchanges may become court evidence. Each interaction with ChatGPT, including sensitive legal queries, is digitally recorded, potentially accessible through subpoenas.

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Discovery About Discovery – When Was Duty to Preserve Triggered?

E-Discovery LLC

15, 2024), the court “allowed [defendants] Hillrom to take limited discovery about when [plaintiff] Linet’s duty to preserve may have arisen….” In short, the court authorized discovery of privilege-log-type information, such as when plaintiff communicated with counsel prior to suit and the general subject-matter of those communications.

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Another Approach to Drafting and Discovery of Litigation Hold Notices

E-Discovery LLC

It wrote: Viewing the communications at issue in their full content and context, the Court finds that they constitute privileged communications between an attorney, the attorneys employee, and the client for the purpose of obtaining and providing legal advice. DISCOVERY OF LITIGATION HOLD NOTICES HAS LONG BEEN AN ISSUE.

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The “Part and Parcel” Principle

E-Discovery LLC

Many thanks to Doug Austin for Responsive Nonprivileged Documents Attached to a Privileged Communication Must Be Produced (Jan. Dougs excellent blog points out that the court held that non-privileged children of a privileged parent must be produced; however, they need not be produced with the parent.

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“Attachments to Attorney-Client Communications May Be Withheld as Privileged, Without an Independent Basis for Privilege,” But….

E-Discovery LLC

For example, if a client sends a privileged email to counsel seeking legal advice, and attaches several files, neither the email nor the attached files need to be produced in discovery. Sunshine, “The Part & Parcel Principle: Applying the Attorney-Client Privilege to Email Attachments,” 8 J. But, there are major caveats.

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Sometimes, I Wonder….

E-Discovery LLC

He sought discovery of twenty-one emails between Assistant Attorney General Melissa Schaller and Waupun staff related to the compiling of the supplemental return in the Dane County Circuit Court certiorari case the plaintiff filed for his Conduct Report 24617890. The court allowed the inmate to proceed on certain claims.