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“The Fire and BPA’s Preservation of Evidence”
An Oregon federal court imposed adverse inference sanctions against BPA for willful spoliation of physical evidence and ESI following the 2020 Holiday Farm Fire. The decision analyzes when the duty to preserve is triggered and...
Two Courts, Two Answers: When Does Using AI Waive Privilege?
Mike Berman explores a post by Jennifer Ellis, JD, LLC. discussing Heppner, the case that says clients using AI, not at the direction of counsel, cannot withhold those documents or that ESI as privileged.