substantial need Archives

Inadvertent Production of Work Product Did Not Waive Protection; However, Recipient Showed Substantial Need and Overcame That Protection

In Aerosonic LLC v. Joby Aero, Inc., the court held that inadvertent disclosure of work product did not waive protection under Rule 502 and the ESI Protocol. However, the receiving party demonstrated substantial need and inability to obtain the equivalent, overcoming the protection and compelling production.

Order Granting In Camera Review of Work Product Claim

In Hall v. Baltimore Police Dept., the court authorized in camera review of documents from the Mid-Atlantic Innocence Project to resolve disputes over opinion versus fact work product protection. The decision emphasizes proper privilege assertions and the evidentiary burden required for review.