The "Add" button adds a page to the "Build a Report" function to gather pages across our site and email them to a preferred email address. Access your pages by clicking on "Build a Report." The "Remove" button removes a page from the "Build a Report" function. Access your pages by clicking on "Build a Report."
The "Build a Report" function allows you to add links to selected pages and send them in an email to your preferred email address. Use the Add button to the left to add a page to your Report. Use the Remove button to remove a page. Click on the "Build a Report" link to open your collection of pages.
Tip of the Month, March 2011 - Balancing the Costs of Privilege Review with the Risks of Waiver
31 March 2011
Mayer Brown Newsletter
Scenario A large financial institution is responding to discovery requests in connection with an investor suit relating to certain financial products marketed by the institution. To minimize the costs, the financial institution directs its outside counsel to use search terms to identify potentially privileged documents and to limit attorney review to only those documents that hit on the privilege search terms. Later in the litigation, the financial institution seeks to claw back more than 100 privileged documents that were inadvertently produced. Plaintiffs return the inadvertently produced documents, but move to compel their production and the production of all documents relating to the subject matter of those documents. Plaintiffs argue that given the financial institution’s review methodology, the production of the privileged material was not inadvertent and effectively waived protection as to both the specific documents and the subject matter.
Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the “Mayer Brown Practices”). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe-Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown Mexico, S.C., a sociedad civil formed under the laws of the State of Durango, Mexico; Mayer Brown JSM, a Hong Kong partnership and its associated legal practices in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. Mayer Brown Consulting (Singapore) Pte. Ltd and its subsidiary, which are affiliated with Mayer Brown, provide customs and trade advisory and consultancy services, not legal services.
“Mayer Brown” and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.
You have no pages selected. Please select pages to email then resubmit.