Co-author: Sheldon Noel, Corporate Counsel
Identifying privileged documents in discovery is a high-stakes task in which a lack of forethought can have profound, lasting consequences for the litigating organization and its counsel. Yet this task often is relegated to junior lawyers and approached in a tedious, mechanical fashion disconnected from the broader case strategy. Further, the advent of e-discovery and the rapid rise of associated costs have not eased the concerns of organizations wanting to ensure that privileged and private documents remain so. By beginning the privilege review process with the right strategy, leveraging technology to assist with the execution of that strategy and ensuring backup plans are in place, litigants can avoid costly mistakes and future disputes over waived privilege. Read more: http://www.corpcounsel.com/id=1202730656870/Mastering-Privilege-Protection-During-EDiscovery#ixzz3ejThFkf1
Originally published by Corporate Counsel, June 29, 2015
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Jeffrey Schomig is an attorney at WilmerHale in Washington, D.C. He serves on the firm's privilege standing committee and his practice includes representing clients in government regulatory and criminal investigations and in civil litigation. His practice also focuses on advising clients and other attorneys concerning attorney-client privilege and work product doctrine issues in a range of contexts, including the formation of joint defense relationships and nonwaiver agreements. Sheldon Noel is a manager for Kroll Ontrack's Southeast business development team. Based in Washington, D.C., he advises attorneys and other professionals from law firms, corporations and government agencies on all facets of legal technology issues, including electronic evidence and discovery matters.
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