Tuesday, April 18, 2017

McDermott Will & Emery LLP v. Superior Court (Cal. Ct. App. - April 18, 2017)

You've got to read today's privilege opinion from the Court of Appeal.  And I say that despite the fact that I fully realize that it's 49 pages.  Not even counting the dissent.

It's a case in which Gibson Dunn gets disqualified for using a document that's privileged (even though Gibson thought the privilege had been waived) that was inadvertently produced by the other side -- not in litigation, but elsewhere.

As I said, there's also a dissent.

The opinion tells you what not to do -- at least from here on out -- when you see a document that might be privileged and inadvertently produced.  Particularly when, as here, the other side tells you that it's privileged and inadvertently produced.

Even if you don't agree.

Let Gibson Dunn's mistake be a lesson to everyone.

Don't get DQ'd.

Seriously:  A really important opinion.