Denial of Privilege Status to a "Smoking Gun" email in In re Google (PDF)
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In re Google [2012 U.S. App. LEXIS 2443 (Fed. Cir. Feb. 6, 2012)] highlights the challenges that the explosion in the volume of Electronically Stored Information ("ESI") has created in protecting confidential and privileged information. It also reinforces the need to closely monitor the technology-driven discovery tools that are utilized.
Rebecca K. Myers is an attorney in the litigation practice of Paul Hastings LLP in New York. Ms. Myers concentrates her practice on intellectual property law and commercial litigation. She is also the coauthor of Bensen & Myers on Litigation Management (LexisNexis 2009). She can be reached at email@example.com.
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