Wednesday, October 8, 2008

Unfortunate Terms

Sometimes corporations choose unfortunate terms to use within their business. Ones that make everyday activities seem relevant for purposes of e-discovery. Like instead of having a decision-making process, having a business judgment. So everything related thereto will come up as potentially privileged.


My favorite potentially privileged items are the ones that get tagged due to the blurb at the bottom of someone's e-mail that says the information may be confidential or privileged. Gets in there every time. No matter what.


Other items would include people's names that seem relevant; if a hospital is being sued and has an administrator named Doctor, whose documents end up being tagged. No fun for either the litigation team or the document review team.

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