In re Fontainebleau Las Vegas Contract Litig.
In re Fontainebleau Las Vegas Contract Litig.
| Case Date: | 01/07/2011 |
| Citation: | In re Fontainebleau Las Vegas Contract Litig., No. 09–02106–MD, 2011 WL 65760 (S.D. Fla. Jan. 7, 2011) |
| Court Type: | Federal District |
| Court: | Southern District of Florida (S.D. Fla.) |
| Judge: | Federal Magistrate Judge: Jonathan Goodman |
| Rule(s): | Rule 45 |
| Issues: | Term Lenders filed a Motion for Determination of Waiver of Privilege, seeking clarification as to whether Fontainebleau waived privilege through a delayed and incomplete response to a document subpoena. |
| Resolution: | Fontainebleau’s voluntary disclosure of privileged or potentially privileged information constituted a waiver of applicable privileges, including any attorney-client privilege, in the documents and data on the documents and accounting servers. Because Fontainebleau prepared a privilege log for the email server, the Judge did not find a privilege waiver for the material on the email server (unless such materials could also be found on one of the other two servers, where there has been a waiver). |
| Relevant Documents: | Motion for Determination of Waiver of Privilege (Doc. 192) Response in Opposition to Motion for Determination of Waiver of Privilege (Doc. 194) Order on Motion for Determination of Waiver of Privilege (Doc. 199) |
| E-Discovery Issues: | Motion to Compel, Motion to Quash, Waiver of Privilege |
| E-discovery Tags: | Clawback, Data Dump, Keyword Search, Privilege, Vendor, Work Product |
| E-discovery subjects: | Email, Servers |