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LexisNexis® Mealey's™ Discovery Legal News
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Headline Discovery Legal News from LexisNexis®
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Statement In Press Release Results In Privilege Waiver, Judge Rules
RICHMOND, Va. - A federal judge in Virginia on July 30 ruled that a statement in a press release issued by E.I. du Pont Nemours & Co. following the criminal conviction of an individual charged with stealing trade secrets on the manufacturing of Kevlar resulted in a waiver of fact work product protection because the statement was based in part on communications between DuPont and the FBI (E.I. DuPont de Nemours & Company v. Kolon Industries Inc., No. 09cv58, E.D. Va.; 2010 U.S. Dist. LEXIS 77075).
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Judge: Company Waived Privilege Over Documents Provided To SEC, Customer
COLUMBUS, Ga. - A defendant company in a breach of contract and fraud case waived attorney-client privilege protection over six documents containing its outside counsel's opinions on the validity of patent claims on its interactive voice response (IVR) system when it made the documents public by providing them to the Securities and Exchange Commission, a federal judge in Georgia ruled July 28 (American Family Life Assurance Co. v. Intervoice Inc., No. 08-cv-167, M.D. Ga.; 2010 U.S. Dist. LEXIS 76239).
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Judge: Magistrate Erred In Ordering Production Of Drafts Of Response Letter
MINNEAPOLIS - A federal judge on July 26 granted in part ADT Security Services Inc.'s objections to a magistrate judge's Jan. 15 ruling requiring the company to produce drafts of a response letter the company prepared in response to an episode of Dateline after finding that the drafts were protected by the work product doctrine (ADT Security Services Inc. v. Vicki Selinger Swenson, et al., No. 07-2983, D. Minn.; 2010 U.S. Dist. LEXIS 74987).
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Federal Judge Rejects Objections To Magistrate's Privilege Waiver Ruling
HUNTINGTON, W.Va. - A federal judge on July 23 overruled objections from a plaintiff company in a business interruption lawsuit to a magistrate judge's May 18 ruling finding that it waived attorney-client privilege protection over a crucial e-mail as well as 377 other documents due to inadvertent production after finding that the magistrate judge did not commit any clear error in her decision (Felman Production Inc. v. Industrial Risk Insurers, et al., No. 09-0481, S.D. W.Va.; 2010 U.S. Dist. LEXIS 74970; See June 2010, Page 6).
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Motorola Ordered To Produce 13 Documents From Privilege Log
CHICAGO - A federal magistrate judge in Illinois on Aug. 5 ordered Motorola Inc., a nonparty in a patent infringement lawsuit brought by Vizio Inc. against LG Electronics Inc., to produce 13 documents from its privilege log to LG after finding that Motorola failed to adequately explain why the documents were privileged (LG Electronics Inc., et al. v. Motorola Inc., No. 10 CV 3179, N.D. Ill.; 2010 U.S. Dist. LEXIS 79047).
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Magistrate Judge Asks For In Camera Review To Determine Privilege
NEW YORK - Gucci America Inc. was ordered by a federal magistrate judge in New York on July 28 to produce unredacted copies of e-mail communications between the company and an in-house intellectual property attorney for a nonparty concerning an investigation over defendant Guess? Inc.'s use of the plaintiff company's trademarked designs to determine if the documents are privileged and whether a choice-of-law analysis should be conducted (Gucci America Inc. v. Guess? Inc., et al., No. 09 civ. 4373, S.D. N.Y.; 2010 U.S. Dist. LEXIS 78421).
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Panel Reverses Denial Of Insurer's Attorney-Client Privilege In Bad Faith Case
TACOMA, Wash. - An insurer is entitled to attorney-client privilege in a bad faith case, a Washington appeals panel ruled Aug. 3, finding that a trial court abused its discretion by ruling otherwise without a finding of fraud to overcome the privilege (Bruce Cedell v. Farmers Insurance Company of Washington, No. 38921-5-II, Wash. App., Div. II; 2010 Wash. App. LEXIS 1670).
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Ill. Appeals Court Affirms Use Of Dismissal Sanction For Spoliation
CHICAGO - An appeals court in Illinois on July 30 upheld a circuit court's ruling dismissing with prejudice a man's defamation, intentional infliction of emotional distress and violation of the Minimum Wage Law complaint as a sanction for his willful destruction of files on his computer through the use of numerous data wiping programs (Richard Peal v. Cindy Lee, et al., Nos. 09-2460, 09-3000, Ill. App., 1st Dist., 5th Div.; 2010 Ill. App. LEXIS 760).
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Judge Denies Sanctions For Wiping Hard Drive, Deleting Mirror Images
CHICAGO - A federal judge in Illinois on Aug. 4 denied a motion for spoliation sanctions filed by a defendant in a Computer Fraud and Abuse Act (CFAA) lawsuit after finding that there was no evidence showing that the wiping of the hard drive of a laptop computer provided to the plaintiff was done in bad faith (John Grubb v. Board of Trustees of the University of Illinois, No. 09-cv-2555, N.D. Ill.; 2010 U.S. Dist. LEXIS 78485).
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Award Of Sanctions, Fees Upheld By 7th Circuit In Copyright Case
CHICAGO - A federal judge in Illinois did not err in awarding a copyright infringement defendant attorney fees and dismissing the case in response to the plaintiff's failure to produce a pretrial draft, despite numerous warnings that such a result would occur, the Seventh Circuit U.S. Court of Appeals held July 22 (FM Industries Inc. v. Citicorp Credit Services Inc. et al., Nos. 08-3154, 08-3781, 09-1382, 09-1406 & 09-1637, 7th Cir.; 2010 U.S. App. LEXIS 15057).
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