Avoiding Inadvertent Disclosures of Privileged Information

June 18, 2019  |  New York Law Journal

Difficult privilege issues often arise in litigation, including evaluating whether a party has impliedly waived privilege through its litigation conduct, and the extent to which a party can use a privileged document that has been inadvertently produced. In this article, we discuss two recent cases, Barbini v. First Niagara Bank and In re Keurig Green Mountain Single Serve Coffee Antitrust Litigation, in which Southern District Judge Nelson Roman and Magistrate Judge Henry Pitman tackled these issues.

Avoiding Inadvertent Disclosures of Privileged Information (pdf | 464.83 KB)