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Michigan Federal Court Holds That New FRE 502 Precludes Privilege Waiver For Inadvertent Disclosure Of Electronically Stored Information.

Publication: Mondaq Business Briefing
Publication Date: 05-DEC-08 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Michigan Federal Court Holds That New FRE 502 Precludes Privilege Waiver For Inadvertent Disclosure Of Electronically Stored Information.(Laethem Equipment Co. v. Deere and Co.)

Article Excerpt
Originally published December 3, 2008

Keywords: Michigan, Federal Court, Federal Rule of Evidence, FRE, attorney-client privilege, ESI, Laethem, Deere, electronically stored information, privileged materials, waiver

The District Court for the Eastern District of Michigan has ruled that recently adopted Federal Rule of Evidence (FRE) 502 protects against waiver of the attorney-client privilege where the disclosure of electronically stored information (ESI) was inadvertent and the disclosing party took prompt steps to protect the privilege. Laethem Equipment Co. v. Deere and Co., 2008 WL 4997932 (E.D. Mich. 2008).

Sometime in January 2008, Laethem produced to Deere two disks containing volumes of electronically stored data (although Deere disputed the date the disks were produced). Laethem learned that the two disks contained privileged materials when...

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