[Panel 2] Protecting Privilege and Confidentiality in Civil Litigation, Part 1

Long before the public became concerned with data breaches, lawyers were under an obligation to maintain client confidences, in particular the attorney-client privilege and work product protections. Defining the scope of these privileges and protections, and establishing reasonable practices to maintain their confidentiality, was never simple or straightforward. These problems have been exacerbated by the proliferation of cheap, simple, and almost instantaneous methods of digital communication, and the explosion in the sheer volume of information that must be identified and sequestered to protect its privileged status. Federal Rule of Evidence 502 and new technologies offer some assistance but cannot be the complete answer to the problem. This panel will look at recent developments in privilege law and practice that digital technology has necessitated and provide practical guidance for protecting privileges.