Articles and Speeches
Protecting E-mail as Privileged Attorney-Client Communication in Drug and Medical Device Litigation
May 17, 2011
Matthew E. Brown
In recent drug and medical device litigation, the attorney-client privilege has come under attack. The reason: the shift to e-mail as the primary mode of corporate communication. Instead of litigation involving thousands of documents, it now involves millions of documents. Instead of employees sending formal memoranda explicitly requesting legal advice, they now send thousands of informal e-mails that are often less explicit about requesting legal advice. This change in the volume of communication and the way in which legal advice is sought can lead to tens of thousands of documents being withheld for privilege.
