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Apr. 23, 2013

Avoid inadvertent disclosure - and waiver of attorney-client privilege - in state and federal court

For the most part, the California rules mirror the federal rules, with California perhaps providing greater protection by placing more of the burden on the receiving party.

Daniel B. Garrie

Neutral
JAMS

Cyber Security

Orange County

Cell: (212) 826-5351

Email: daniel@lawandforensics.com

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By Daniel B. Garrie and Afton Hayes


In recent years, there has been an increase in the accidental disclosure of confidential or privileged information by attorneys, mainly due to the sheer volume of electronically stored information (ESI). Such disclosure can cause a waiver of the attorney-client privilege with potentially devastating outcomes. Recent amendments to the federal and California rules have attempted to create guidelines as to how this ty...

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