• Back to eDiscovery Basics — How One Party’s Failure to Recognize When the Duty to Preserve Arose Resulted in Waiver of Privilege

  • 2024/12/10
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Back to eDiscovery Basics — How One Party’s Failure to Recognize When the Duty to Preserve Arose Resulted in Waiver of Privilege

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  • Unlock the secrets of managing privilege and document preservation with Kelly Twigger on the Case of the Week podcast. What happens when giants like Lubrizol and IBM clash over contract breaches and the nuances of electronic information law? This episode promises to equip you with critical insights into Rule 502(d) and the timing of preservation duties—a must-know for any litigator in the digital age. Judge Jennifer Dow Armstrong's expert navigation through the competing motions between these corporate titans provides a rich tapestry of lessons on strategic litigation.

    In a groundbreaking discussion, we unravel IBM's document preservation practices and their consequential waiver of privilege in spoliation claims. Discover why the timing of preservation duties is pivotal and how a well-crafted privilege log can tip the scales in litigation anticipation. This episode serves as a cautionary tale, highlighting the importance of timely data preservation in an era of rapid technological change. Whether you're a seasoned attorney or just starting out, this episode offers indispensable strategies for staying ahead in the legal realm.


    Lubrizol Corp. v. IBM Corp
    Read the blog about this case-
    eDiscovery Assistant Blog
    eDiscovery Assistant Website
    Sign up for Kelly's Case of the Week Newsletter
    here
    eDiscovery Assistant Free 7 day Trial (no credit card required)


    Thank you for tuning in to Case of the Week with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.

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あらすじ・解説

Unlock the secrets of managing privilege and document preservation with Kelly Twigger on the Case of the Week podcast. What happens when giants like Lubrizol and IBM clash over contract breaches and the nuances of electronic information law? This episode promises to equip you with critical insights into Rule 502(d) and the timing of preservation duties—a must-know for any litigator in the digital age. Judge Jennifer Dow Armstrong's expert navigation through the competing motions between these corporate titans provides a rich tapestry of lessons on strategic litigation.

In a groundbreaking discussion, we unravel IBM's document preservation practices and their consequential waiver of privilege in spoliation claims. Discover why the timing of preservation duties is pivotal and how a well-crafted privilege log can tip the scales in litigation anticipation. This episode serves as a cautionary tale, highlighting the importance of timely data preservation in an era of rapid technological change. Whether you're a seasoned attorney or just starting out, this episode offers indispensable strategies for staying ahead in the legal realm.


Lubrizol Corp. v. IBM Corp
Read the blog about this case-
eDiscovery Assistant Blog
eDiscovery Assistant Website
Sign up for Kelly's Case of the Week Newsletter
here
eDiscovery Assistant Free 7 day Trial (no credit card required)


Thank you for tuning in to Case of the Week with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on eDiscovery, visit eDiscovery Assistant and explore our practical tools, case law library, and on-demand education from the eDiscovery Academy. Join us next episode as we break down another important case shaping the future of eDiscovery.

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