Privilege Doesn't Apply In E-Discovery Gaffe: Judge

Law360, New York (June 4, 2008, 12:00 AM EDT) -- A federal judge has ruled that attorney-client privilege doesn't protect 165 documents Creative Pipe Inc. mistakenly turned over to its opponent Victor Stanley Inc. during e-discovery in a patent spat because the company failed to prove it took reasonable precautions to prevent disclosure.

In a ruling handed down May 29 in the U.S. District Court for the District of Maryland, Magistrate Judge Paul Grimm said that the documents — which included several communications between defendant Creative Pipe and its lawyers — were beyond the scope of...
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