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e-Commerce Attorney-Client Privileged Records Have a Right to Die Too

By Jonathan Bick
January 31, 2007

e-Commerce records may have less legal protection from disclosure than traditional commerce records ' a situation that might cause some concern for e-commerce company principals, their counsel and customers ' even after the companies, and the law firms representing them, no longer exist.

Traditionally, the forced disclosure of attorney-controlled confidential client records for the stated purpose of disclosure to the general public is unprecedented. But the U.S. Bankruptcy Court's Aug. 9, 2006, order of the abandonment of e-commerce records contradicts traditional protections afforded to attorney-client records (United States Bankruptcy Court Northern District of California San Francisco Division, case number 03-32715-DM7).

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