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Obtaining Review of an Order to Compel Privileged Documents

Last term, the Supreme Court concluded that an order requiring the production of privileged materials cannot typically be appealed as a final judgment under the rule of Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949) [ enhanced version available to lexis.com subscribers / unenhanced version...

Free Download – Properly Raising a Privilege and Describing Privileged Documents in DE

The burden of proving that the work product immunity, attorney-client privilege, business-strategies immunity, or other privilege or immunity applies to protect information from disclosure lies with the party asserting the privilege. Thus, it is incumbent on the party asserting a privilege or immunity...

How Are Email Strings Handled in Privilege Logs?

Some courts, although very few of them, have addressed the issue of email strings in privilege logs, so it's important to look at the current state of the law on that topic. The trend is that each email string is looked at as a separate document. So, if you have a top level email with five...

New Chief Judge-Elect in Florida Issues New Opinions

Judge Suarez Congratulations to Judge Suarez on his election to chief judge-elect! Coincidentally, the two opinions below were both authored by him. INADVERTENT DISCLOSURE OF PRIVILEGED DOCUMENTS Constr. Sys. of Am. v. Travelers Cas. & Sur. Co. of Am., 2013 Fla. App. LEXIS 12329 (Fla. 3d...