Failing To Prevent Inadvertent Disclosures Can Be Costly
Law360, New York ( March 30, 2017, 2:31 PM EDT) -- A party uploaded privileged documents into a cloud file-sharing account unprotected by a password. Opposing counsel found the hyperlink through discovery happenstance, accessed the account, and downloaded and read the documents. The court held that the party waived both the attorney-client communication privilege and the work-product doctrine immunity as to the documents. The court also denied the party's motion to disqualify opposing counsel, but it held that "some sanction [wa]s appropriate," and it awarded the party certain costs. Harleysville Insurance Co. v. Holding Funeral Home Inc.,[1] No. 1:15-cv-00057, --- F. Supp. 3d ---, 2017 WL 1041600 (W.D. Va. Feb. 9, 2017) (mem. op.) (Sargent, M.J.). The case illustrates how an e-discovery fluke can compromise a case....
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