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...
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...
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...
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...