Unencrypted Email Messages Still Acceptable for Attorney-Client Privileged Communications

It is good to be reminded that some things stay the same. In 1999, the American Bar Association issued Formal Opinion 99-413 and concluded that cell phones and unencrypted email messages are acceptable for attorney-client communications that include privileged information or advice. The opinion reasoned that a reasonable expectation of privacy attaches because interception of […]

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Electronic Discovery Sanctions Narrowly Avoided by Lack of Bad Faith by Attorneys

On April 2, 2010, Magistrate Judge Barbara Major issued her opinion (Case No. 05cv1958-B (BLM) in U.S. District Court for the Southern District of California) as to whether the attorneys involved in the Qualcomm v. Broadcom dispute should be sanctioned. The Qualcomm v. Broadcom dispute was a leading legal scandal from 2008 to 2009 due […]

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