When federal and state investigators five years ago began subpoenaing J-M Manufacturing Co. Inc. as part of an investigation in a whistleblower suit, the company’s lawyers at McDermott Will & Emery handed over 250,000 documents.
But according to a lawsuit J-M filed Thursday in a state court in Los Angeles, McDermott produced too much-all because it did not thoroughly review the work of contract attorneys at e-discovery vendor Stratify Inc. J-M claims 3,900 privileged documents were handed over to the federal government. J-M, which replaced McDermott in March 2010 with Sheppard Mullin Richter & Hampton, says those documents were in turn handed over by the federal government to the whistleblower’s lawyers, who have refused to destroy or return them.
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