E-discovery error waives attorney-client privilege
"Grimm’s 43-page opinion is notable for the standard it sets and the guidance it provides, Rothschild and others said.
“What Judge Grimm has done is give a roadmap to lawyers in the United States on how to present to a court how they went about searching for relevant documents,” said Jason R. Baron, director of litigation at the National Archives. Baron was the editor of a Sedona Conference Best Practices Commentary on e-discovery, cited in Grimm’s opinion.
Though Creative Pipe had hired an e-discovery expert, had spent weeks reviewing documents, and had said the disclosures were inadvertent when the plaintiffs asked about them, it still hadn’t done enough, according to Grimm. "
