Inadvertent disclosure of privileged materials has always been a vexing problem for litigators, even back in the stone age of hard copy document production. In the modern world of electronic discovery, the volume of information and the manner in which it is stored have not only complicated the litigator’s task, but have spawned countless new issues for the courts to decide.[FOOTNOTE 1]
State and federal courts on Long Island continue to resolve these thorny issues. Several recent cases have addressed interesting issues unique to electronic evidence, including the “delete-does-not-really-mean-delete” phenomenon and the dilemma of those reoccurring “string” e-mails containing forwarded prior e-mails.
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