Try our Advanced Search for more refined results

Expert Analysis

Privilege Lessons From An Inadvertent Email

By Peter Bales (May 31, 2017, 2:46 PM EDT) -- Eight years ago the Second District Court of Appeal issued a decision establishing an attorney's ethical duties upon receipt in discovery from opposing counsel of an inadvertently produced, privileged communication. State Comp. Insurance Fund v. WPS Inc. (1999) 70 Cal.App.4th 644 (the "State Fund rule"). A recently published (April 18, 2017) Fourth District Court of Appeal decision addresses whether a client's inadvertent production of his attorney's privileged email imposes the same duties on opposing counsel. McDermott Will & Emery LLP v. Superior Court, 2017 Cal. App. LEXIS 349 (Cal. Ct. App. 2017) ("McDermott")....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!