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Technology Today: Poorly Executed Privilege Review Can Lead to Waiver
June 17, 2008 Full PDF
Litigation partners Chris Boehning and Dan Toal published an article in the June 17 issue of the New York Law Journal. Titled, "Poorly Executed Privilege Review Can Lead to Waiver," the article discusses U.S. Magistrate Judge Paul Grimm's recent Victor Stanley Inc. v. Creative Pipe Inc. opinion, which offers guidance to litigants seeking to preserve attorney-client privilege while reviewing large quantities of electronic documents within narrow time constraints. Victor Stanley stresses that lawyers must plan and implement electronic document review, particularly keyword searches, carefully, collaboratively, and mindful of the potential need to justify their methodology to the court by means of an expert's affidavit, learned treatise, or judicially noticeable information. Litigation associate Daniel Kirschbaum and summer associate Jeffrey Recher assisted in the preparation of this article.