Medex Can't Take Back 347 Emails From Discovery In $7M Suit

Law360, New York (August 28, 2012, 8:11 PM EDT) -- An Ohio federal judge ruled Tuesday that 347 emails inadvertently produced by medical device maker Medex Cardio-Pulmonary Inc. during discovery in a $7 million merger contract suit filed by Inhalation Plastics Inc. are not subject to attorney-client privilege.

U.S. Magistrate Judge Norah McCann King said Medex waived its attorney-client privilege with regard to the emails because it did not take reasonable precautions to protect the privileged information, provided no privilege log at the time of disclosure and made insufficient attempts to mitigate the damage after learning...
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