Civil Litigation
Nov. 5, 2011
E-Discovery: Inadvertent production gets Google in trouble
An online database accidentally discloses an internal email to the other party.
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
On its face it seems so simple: If you have discovery documentation that qualifies for protection, reasonable care must be taken to safeguard the privilege. If it is inadvertently produced, the error must be promptly rectified. In the absence of this vigilance, it is not unfair to provide the recipient with continued access to those documents. Thorncreek Apartments III, LLC v. Village of Park Forest (2011) U.S. Dist. LEXIS 88281 (N.D. Ill. Aug.9, 2011). When Google found itself in...
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