Merck Told To Fork Over Disputed Documents

Law360, New York (August 15, 2007, 12:00 AM EDT) -- In a move that could have far-reaching implications for attorney-client privilege in the digital age, the federal district judge overseeing the Vioxx multidistrict litigation has ordered Merck & Co. to begin handing over documents, taking a hard line on the nature of privileged documents in electronic discovery.

On Monday, U.S. District Judge Eden Fallon adopted most of the recommendations of the court-appointed special master regarding what material should be considered protected by attorney-client privilege in the litigation's non-case-specific discovery process.

“With the ever-expanding use of, if...
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