Quality Control When Using ESI Search Terms

Law360 (September 7, 2010, 6:47 PM EDT) -- In a lawsuit involving an insurance claim for alleged business interruption losses, two federal judges in the Southern District of West Virginia recently held that plaintiff Felman Production Inc. waived privilege with respect to thousands of pages of attorney-client communications produced to defendants in Felman's million-plus page ESI production.

The decisions were triggered when the defendants discovered a May 14, 2008, e-mail from Felman’s human resources director to Felman's attorneys, which defendants alleged was evidence that Felman committed insurance fraud. The defendants attached the e-mail to a motion to amend their answer to add a counterclaim for fraud and breach of...

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