Three articles have come out this week that I really like. The first was posted yesterday from Zuzana Ikels, partner at Coblentz, Patch, Duffy & Bass, entitled When E-Discovery Is Used as a Weapon. It’s about the dangers in using e-discovery tactics in order to find ways to break attorney-client privilege with your opponent. Ikels fear attorneys invoking the crime-fraud exception will really weaken our sacrosanct privilege rights.
After the jump I will ment two more articles of note including one which will the focus of my Above The Law post tomorrow.
Ellen C. Brotman and Michael B. Hayes, do a great job summarizing the now infamous Broadcomm v. Qualcomm case in Risk Management and E-Discovery: Qualcomm Revisited. The article discusses how the attorneys for Qualcomm avoided sanctions in this case, and how attorneys can avoid sanctions in the future.
Lastly, Leigh Jones from the The National Law Journal, discusses the 2010 Conference on Civil Litigation in Show Us the Love to Avoid Discovery Fights, Attorneys Urge. The post talks about the need for attorneys and judge to be more cooperative and hands on during the discovery process. Look for me on Above The Law tomorrow, as I will be discussing this article further.
