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Technology Today: Litigants Fail to Heed Lessons of 'Victor Stanley'
August 5, 2010
Litigation partners Chris Boehning and Dan Toal's article "Litigants Fail to Heed Lessons of 'Victor Stanley'" was published in the Technology Today section of the August 3 issue of the New York Law Journal. The article discusses Mt. Hawley Insurance Co. v. Felman Production, Inc., in which Magistrate Judge Mary Stanley of the U.S. District Court for the Southern District of West Virginia reiterates the warning, previously expressed in Victor Stanley Inc. v. Creative Pipe Inc., that parties risk waiver of privilege over inadvertently produced documents if they fail to enter into a court-approved "quick peek"/"claw back" agreement and to follow privilege review best practices. Like Victor Stanley, Mt. Hawley emphasizes the importance of testing keyword search terms through quality control sampling. Litigation associate Eric Tam assisted in the preparation of the article.