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Data-indexing glitches can accidentally disclose privileged documents

Over-reliance on technology to provide e-discovery data can be risky.

Online Exclusive: Indexing issues

During e-discovery, technology can be an invaluable asset in identifying responsive data from documents, emails, metadata and other information, flagging those that should be withheld for attorney-client privilege and proprietary reasons.

Reasonable Ruling

In her May 2010 opinion refusing to order return of the email, Magistrate Judge Mary Stanley took under advisement the crime-fraud exception argument. Her ruling hinged instead on the plaintiff’s failure to take “reasonable steps” to prevent the disclosure of privileged material, as required by the Federal Rules. 

Michael Kozubek

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