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Confusion Over Internet Basics Leads to Ruling All Attorneys Dread - E-Discovery, Information Governance & Cyber Security Section News

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E-Discovery, Information Governance & Cyber Security Section News

Posted on: Mar 29, 2017

Privilege waivers usually involve voluminous discovery, where a needle in a haystack is accidentally shared with a party who should not have access to it. The classic example — if such an unmitigated disaster can be called “classic” — is the J-M Manufacturing case, where that company’s well-known law firm repeatedly and seemingly haplessly produced several thousand of the same smoking gun documents through a series of vendor-related errors and breakdowns.

A recent decision in the case Harleysville Insurance Company v. Holding Funeral Home is far more worrisome — because it deals with a fundamental misunderstanding of how a widely-used technology works, and once again, fairly or unfairly, casts the legal profession as the Johnny-come-lately to the modern world of…the internet.

Read the full article here.

This article was submitted by Jonathan T. Armiger, Wagner Reese LLP. If you would like to submit content or write an article for the E-Discovery, Information Governance & Cybersecurity Section page, please email Kara Sikorski at


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