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ARTICLE · 05 AUGUST 2022

Inadvertent Disclosure And Improper Use Of Privileged Communications

Gardiner Roberts LLP
Gardiner Roberts LLP
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In our digital world, virtually everyone has made the mistake of hitting send on an email or text that they wish they could take back either because of the content or to whom they sent it.

CanadaLitigation, Mediation & Arbitration

In our digital world, virtually everyone has made the mistake of hitting send on an email or text that they wish they could take back either because of the content or to whom they sent it.

During the cross-examination of Infowars host Alex Jones in the Sandy Hook defamation lawsuit, counsel for the plaintiffs put to him that "12 days ago your attorneys messed up and sent me an entire digital copy of your entire cell phone with every text message you've sent for the past two years, and when informed did not take any steps to identify it as privileged or protect it in any way." Counsel then put evidence retrieved from the phone to Mr. Jones to show that he lied under oath in a pre-trial discovery or deposition when he stated that he did not have any text messages about Sandy Hook. Mr. Jones had been ordered to turn over any text messages and emails about Sandy Hook.

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