January 22, 2018 feature

Attorney Error Results in Massive Leak of Privileged Client Data

Understanding the technical side of e-discovery can help avoid inadvertent production

By Catherine M. Chiccine

Any attorney would grimace at the thought of inadvertently producing privileged information worth billions of dollars to an opposing party.

The opposing party inadvertently leaked information to The New York Times

The opposing party inadvertently leaked information to The New York Times

Photo Illustration by Elmarie Jara | iStockphoto by Getty Images

When the opposing party then leaks that information to a global news provider, that frown turns into a lawyer’s worst nightmare. An attorney’s inadvertent production resulting in leaked confidential information of 50,000 bank customers to the New York Times provides a cautionary tale for lawyers using digital information gathering. In an age where the use of e-discovery is growing exponentially, ABA Section of Litigation leaders advise attorneys to apply a heightened scrutiny when facing these type of discovery matters.

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