What Factors Do Courts Consider When Analyzing the Waiver Implications of Accidentally Producing Privileged Documents?
By EsqSocial Corporation 22/10/20
Courts assessing the waiver implications of a litigant accidentally producing privileged documents normally look at several factors: (1) Did the producing party adopt a reasonable protocol for identifying and withholding privileged documents? (2) Did the producing party follow that protocol? (3) How many documents slipped through? (4) How quickly did the producing party seek their return? Within that general framework, courts have adopted various other measures for assessing a producing party’s...
By: McGuireWoods LLP