e-Lawyering Consultus, LLC v. CPC Commodities (W.D. Mo. 2022) February 4, 2022 by Robertson Noreus Key Insight: Plaintiffs argue that defendants’ claims of privilege should be overruled due to the crime-fraud exception. Defendants withheld emails claiming work product and attorney-client privilege. Plaintiffs have not argued that the emails ar... Read more » CASE SUMMARIES Crime-Fraud Exception FRCP 26(b)(1) Scope in General (effective Dec. 1, 2015) Motion to Compel Privilege Log Privilege or Work Product Protections
e-Lawyering Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019) December 17, 2021 by KLG PDF Import Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights Nature of Case: Trafficking a person for sexual servitud... Read more » CASE SUMMARIES Data Privacy Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence State Rule(s)of Civil Procedure and/or Evidence
e-Lawyering D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019) December 17, 2021 by KLG PDF Import Key Insight: Privileged docs based on only state law must be produced in a case with both federal and state claims Nature of Case: Medical malpractice Electronic Data Involved: Responsive documents Keywords: Privilege, state law Identified State Rule(s... Read more » CASE SUMMARIES Discoverability Scope, Including FRCP 26(b)(1) Scope (Prior to Dec. 1, 2015) Motion to Compel Privilege or Work Product Protections
e-Lawyering Dulcich Inc. v. USI Insurance Services National, Inc., No. 18-cv-01089 (D. Ore, 2019) December 17, 2021 by KLG PDF Import Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit. Nature of Case: recovery of attorney costs incurred in prior suit Electronic Data Involved: ... Read more » CASE SUMMARIES Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Privilege or Work Product Protections State Rule(s)of Civil Procedure and/or Evidence
e-Lawyering Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018) December 17, 2021 by KLG PDF Import Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase Nature of Case: copyright dispute Electronic Data Involved: phone call recording Keywords: protective order, confidential phon... Read more » CASE SUMMARIES FRCP 26(c) Protective Orders Motion for Protective Order Motion to Compel Privilege or Work Product Protections Text Message
e-Lawyering Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018) December 17, 2021 by KLG PDF Import Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase Nature of Case: copyright dispute Electronic Data Involved: phone call recording Keywords: protective order, confidential phon... Read more » CASE SUMMARIES FRCP 26(c) Protective Orders Motion for Protective Order Motion to Compel Privilege or Work Product Protections Text Message