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July 19, 2006

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Carlos Leyva

The ABA Model Rules may need to be modified (or at least the comments) after this holding. If I remember correctly, I believe that an inadvertent document/fax etc. is required to be returned, but that the rules are silent on whether or not you can read the thing. Here the Court appears to be applying a "reckless disregard" standard (with the 5 factor test) & I could see this kind of thing happening quite often in large e-discovery projects.

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