Extract from Cassandre Coyer’s article “‘Don’t Do That’: Four Lessons From Recent E-Discovery Cases”
While the e-discovery field is facing a wave of new challenges brought by the recent advancements in generative artificial intelligence, it seems the industry is still grappling with older, all-too-familiar issues, as well.
During the “Important eDiscovery Case Law Decisions for June 2023″ webinar on Tuesday hosted by EDRM, e-discovery experts unpacked some of the lingering trust issues surrounding Technology Assisted Review (TAR), the challenges with establishing appropriate electronically stored information (ESI) protocols and ongoing questions around proportionality that were at the center of recent e-discovery cases law.
Privilege Claims Still Require ‘Adequate Information’
In Tucci v. Gilead Sciences, which involved claims of wrongful termination, the e-discovery dispute centered around issues of relevance and categorical assertion of privilege, which refers to certain ESI that can be exempt from production during the e-discovery process.
In this case, Pennsylvania District Judge Jagan N. Ranjan granted the plaintiff’s motion to compel the defendant, Gilead Sciences, to provide materials from internal investigation files, finding its “categorical assertion of privilege over a relatively small universe of documents to be improper.”
