Extract from Kelly Twigger’s article “CaseoftheWeek Episode 73: Whether “Reckless” Conduct Will Allow for Waiver of Attorney-Client Privilege”
Our case for this week is Sure Fit Home Prods., LLC v. Maytex Mills Inc., 2022 WL 1597000 (S.D.N.Y. 2022) from May 20, 2022. It is a decision from United States Magistrate Judge Gabriel W. Gorenstein where we’ll discuss when the failure to recognize and claim privilege over inadvertently produced materials can be considered “reckless” and lead to waiver.
Good morning and welcome to episode 73 of our Case of the Week series, published in partnership with ACEDS.
My name is Kelly Twigger. I am the CEO and founder of eDiscovery Assistant and the principal at ESI Attorneys. I am very happy to be here with you today. Thank you so much for joining me each week.
As you know, on our Case of the Week series, we choose a recent decision from our eDiscovery Assistant case law database in an effort to highlight key issues for litigators and those who are involved in the eDiscovery process that allows us to learn to issue spot and pay attention to practical issues that arise in our practice every day.
All right let’s dive into this week’s case. This week’s decision comes to us from Sure Fit Home Products, LLC v. Maytex Mills, Inc. This is a decision from United States Magistrate Judge Gabriel Gorenstein in the Southern District of New York, dated May 20th of 2022.
One of the things that we talk about each week is the number of cases that a particular judge has in our eDiscovery Assistant database. That is, the number of discovery decisions that impact electronic discovery that a judge has authored. In this case, Judge Gorenstein has 32 cases in our database. Many well reasoned decisions on electronic discovery issues.