During the months leading up to the lawsuit, there was a ...

[Pineappleeh]

During the months leading up to the lawsuit, there was a significant amount of communication between the defendant, Greenway Chemicals, and the law firm they retained to represent them. Much of this communication was in the form of e-mails, which were archived in the same file server that contained much of the information sought by the plaintiffs. Greenway is concerned that in the process of e-discovery, some of this communication may be disclosed to the other side. What safeguards are available to protect them from this possibility?
 
  What will be an ideal response?

Question 2

How has the development of electronic forms of information affected the number of documents created and stored?
 
  What will be an ideal response?

[zoeyesther]

Answer to Question 1

As part of the Rule 26 discovery plan, the parties may include a claw-back provision. This provision is an agreement about what the parties should do if privileged or confidential material is inadvertently disclosed. The agreement will address the return of the materials, as well as limit the waiver of the privilege.

Answer to Question 2

This development has caused an explosion in the amount of electronic information. Because electronic documents are so easily created and stored, there are few physical limits on retention.

[Pineappleeh]

Thank you!

[zoeyesther]

Always glad to help...