eDiscovery Assistant: #CaseoftheWeek Episode 32: Is the Work and Communications With Service Providers Privileged

Extract from eDiscovery Assistant’s article “#CaseoftheWeek Episode 32: Is the Work and Communications With Service Providers Privileged”

If you work with an ediscovery service provider or are a service provider, the Episode 32 of #CaseoftheWeek is an important one. Kelly Twigger discusses whether the work and communications with your ediscovery services provider are privileged. The cases we analyze are Pajak v. Under Armour, Inc. 2021 WL 2933173 (N.D. W. Va. 2021) and Pajak v. Under Armour, Inc. 2021 WL 2933174 (N.D. W. Va. 2021) both from July 12, 2021 and presided over by United States Magistrate Judge Michael J. Aloi.


Good morning. Welcome to our #CaseoftheWeek for July 20, 2021. My name is Kelly Twigger. I am the CEO and founder of eDiscovery Assistant and the Principal at ESI Attorneys. Thank you so much for joining me today.

Through our partnership with ACEDS at eDiscovery Assistant, each week we choose a recent decision from our case law database that highlights key issues for litigators and those involved in the ediscovery process. Then we want to talk with you about the practical implications of that decision for you, your practice and your clients—what it means for you on an ongoing daily basis.

You’ll see the links to the two decisions—we are covering two specific decisions today in the Pajak vs. Under Armour case. You’ll see links to those in the comments no matter what platform you’re watching us on today. You’ll also see a link to our 2020 Annual Case Law Report that we did in cooperation with Doug Austin at eDiscovery Today. There’s lots of great information in there on the decisions from 2020. We’ll be having a new case law report this year showing what the changes are and what we’re seeing in 2021. I’ll give you a little tip. It’s a lot of case law, a lot of issues, one of which is attorney client privilege and privilege logs, which is what we’re going to discuss today.

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