The legal right to withhold privilege information is a blessing for organizations and a headache for eDiscovery practitioners. In order to protect an organizations privilege content, practitioners must first identify it. For over a decade, identifying privileged content has been manual (human doc review) and excessively time-consuming. Many practitioners have turned to advancements in machine learning to help automate the privilege identification process. Some have moved beyond the review phase and are bringing efficiency and cost reduction to their clients by automating their privilege logs.
In this article, we will discuss the concept of privilege, why managing privilege content is so important, and how teams are leveraging modern techniques to improve efficiency.
Types of Privilege
The FRCP section 26(b)(5) provides guidance on the type of content that may qualify a record to be withheld.
Attorney-client privilege: Communication between the attorney and their client.
Attorney Work-product privilege: It contains documents prepared in anticipation of litigation, document set for trial preparation, reports, correspondence, and other documents
Privacy Laws Privilege: Documents that can be considered as “confidential” under the right to privacy by data privacy laws or any other statutory laws.
Trade Secrets Privilege: Documents that contains formulas, product designs, patent, business models, or processes. All Intellectual Property (IP) information that can be leveraged by the opposing party if revealed.
Read the full article at https://www.knovos.com/blog/the-privilege-puzzle-in-ediscovery-untangling-the-mystery/
