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.
Note: The District Court Judge reversed the Magistrate Judge in this case as to the waivers of privilege. See Harleysville Ins. Co. v. Holding Funeral Home, Inc., No. 1:15CV00057, 2017 WL 4368617 (W.D. Va. Oct. 2, 2017) (slip op.).