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.
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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 firstname.lastname@example.org.