Mistake in Use of File-Sharing Site Didn’t Waive Privilege

Inadvertent disclosure of sensitive materials through a mistake in using a file-sharing site didn’t waive a plaintiff’s attorney-client privilege and work product protection for those materials, a federal judge in Virginia held Oct. 2 (Harleysville Ins. Co. v. Holding Funeral Home, Inc., 2017 BL 351320, W.D. Va., No. 1:15CV00057, 10/2/17).

Moreover, defense counsel acted unethically by using the protected materials without notifying plaintiff’s counsel and seeking a court ruling on the waiver issue, Judge James P. Jones decided, reversing a magistrate judge’s ruling.

The court’s waiver ruling will be a relief to lawyers and litigants ...