Avoid Giving Opposing Counsel Privileged Material

In a lawsuit, you have to respond to requests for information from the other party. It's easy to inadvertently provide sensitive material, typically privileged material, that you should not provide. The larger the case, the easier it is to make such slips.

The problem is exacerbated by the variety of policies that determine what should be produced. Policies can have confusing and obscure interactions.

Hosted e-discovery vendor EED has just enhanced its service to address this issue. The Production Rules Manager lets you define a series of rules that are applied to a body of produced information, such as:

  • Redact specified types of material.
  • Check whether privileged material has been redacted.
  • Insert a placer sheet in lieu of privileged material.

This is a sensible and useful step. Expect other e-discovery tools to add such capabilities.

... David Ferris

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