Pierre Grosdidier in Texas Bar Journal: E-Discovery

10/03/2017

Protect the contents of cloud file-sharing accounts with fused hyperlinks.

A party uploaded privileged documents into a cloud file-sharing account unprotected by a password. Opposing counsel found the hyperlink through discovery happenstance, accessed the account, and downloaded and read the documents. The court held that the party waived both the attorney-client communication privilege and the work-product doctrine immunity as to the documents. The decision, Harleysville Ins. Co. v. Holding Funeral Home, Inc., illustrates how an e-discovery fluke can compromise a case.

Exerpted from Texas Bar Journal, October 2017. To read the full article, click here.

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