Guest Article: Not Complying With A Compelled Discovery Motion is a $25 Million Fail

December 17, 2009

BGSearch

Don’t take your discovery obligations lightly! When your adversary requests documents from you during discovery, it becomes your obligation to undertake a thorough search of your files (electronic or otherwise) to locate those documents and produce them in a timely manner and in the format requested by your adversary. Failing to do so could cost you more than $25 Million dollars, as it did to the plaintiff in B & G Management v. Lexington Insurance. Can you afford that?

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Waiver of Privilege… It Can Happen. Just Ask Lois.

December 7, 2009

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While we appreciate our recent recognition in the ABA Journal Magazine, it’s time to get back to what we do best. Following the “Vote” link, we have a new lesson for you to digest. [- FG]

- Please vote for e-Lessons Learned -

This case just goes to show you the importance of effective counsel. In the case, Rhino Advisors, Inc., a non-party, sought in camera review of 260 documents out of 67,000 documents that it had produced to the SEC in August 2003. Rhino wanted to “claw back” these documents, claiming they were privileged and inadvertently produced.

The court analyzed Rhino’s claim using the four factors set forth in Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co., and concluded that based Rhino had waived any privilege that it may have asserted. Before discussing the court’s analysis, a brief rendition of the facts is required. Continue reading »


eLLBlog Achieves ABA Journal Blawg 100 Status - A Sincere Thank You

December 1, 2009

Each year, the ABA Journal publishes its annual top-100 blawgs list — the best legal blogs as selected by the Journal’s editors. This year, it asked its readers and blawg authors to nominate the blawgs they find to be the most noteworthy prior to editorial review. The votes have been tallied, and the blawgs, reviewed. Today, we are pleased to announce that among over 2500 legal blogs, e-Lessons Learned has made the Top-100 list for the Third Annual ABA Journal Blawg 100.

To the ABA Journal and all of our readers and fellow bloggers that helped e-Lessons Learned to achieve this wonderful accolade:

Thank you so very much!

It is an incredible honor to receive this recognition just 11 months after our inception, and the student bloggers, editors and founders of e-Lessons Learned are truly grateful. Expect plenty more from us as we grow through the years, and feel free to post your suggestions on how we can further improve our blog (i.e. more video content, etc.) in the comments section, below.

And if you enjoy what we do, please vote for us TODAY as the “Best Blawg” in the ABA Journal’s “Tech” category. (Voting polls close December 31)

As we do with our articles, we want to give you the simplest breakdown of what to do. Follow these four quick and easy steps, and you’ll register your vote for us in a matter of minutes. (Links will open in a separate window so you won’t lose your place)

  1. To vote, you’ll need to register for the ABA Journal web page. Click here and enter the requested information, and click “Submit.” [Remember your user name and password because you'll need it to login.]
  2. After you do that, a confirmation email will be emailed to you within seconds. Click on the activation link in the email. Once activated, return to these instructions and follow step 3.
  3. Click here, and enter your user name and password (as you just created). Then, return to this page for the last step.
  4. Finally, click here to go to our category, scroll down to the 5th blog listed, and click the green vote+” button to the left of the e-Lessons Learned profile.

On behalf of Fernando Pinguelo, the student bloggers, and the entire eLLblog Team, I offer our sincere and humble thanks for supporting e-Lessons Learned: Where law, technology, and human error loyal readers collide.