Patent litigation is often very document intensive. When reviewing documents for production in a litigation, a number of questions must be addressed for each document. For example, is the document relevant to the issues in the case?
Scope of Privilege: When a Company's Business Is Litigation
Too often, the complex question of privilege devolves into a simple inquiry: Is the author or recipient of the document an attorney? This shortcut analysis assumes that documents authored or received by an attorney are privileged, while documents exchanged between business people are not. However, as with all shortcuts there tend to be flaws.
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