Marine corp backgrounds

Author: m | 2025-04-24

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Marine Corps Backgrounds - Wallpaper Cave

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Marine Corps Backgrounds (44 images)

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[100] Marine Corps Backgrounds - Wallpapers.com

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United States Marine Corps Backgrounds

Grounded in the premise that waivers typically must be intentional or knowing acts. " Inadvertent disclosures are, by definition, unintentional acts, but disclosures may occur under circumstances of such extreme or gross negligence as to warrant deeming the act of disclosure intentional" for the purposes of establishing waiver. Marine Midland, 138 F.R.D. at 482. In other words, " [t]aking or failing to take precautions may be considered as bearing on intent to preserve confidentiality." In re Grand Jury Proceedings, 727 F.2d at 1356 (quoting In re Horowitz, 482 F.2d 72, 82 (2nd Cir.), cert. denied, 414 U.S. 867, 94 S.Ct. 64, 38 L.Ed.2d 86 (1973)). Guidance concerning what types of inadvertent disclosure will give rise to waiver also is found in the analysis undertaken in Marine Midland. The court, citing Lois Sportswear v. Levi Strauss & Co., 104 F.R.D. 103, 105 (S.D.N.Y.1985), set forth the following elements that comprise such a determination: (1) the reasonableness of the precautions taken to prevent inadvertent disclosure; (2) the time taken to rectify the error; (3) the scope of the discovery; (4) the extent of the disclosure; and, (5) the overriding issue of fairness. Marine Midland, 138 F.R.D. at 482; Kansas City Power & Light Co. v. Pittsburg & Midway Coal Mining Co., 133 F.R.D. 171, 172 (D.Kan.1989). The reasonableness of precautions taken to avoid inadvertent disclosures is the primary factor to take into account and will vary according to the circumstances presented. One of the most important circumstances affecting the reasonableness of the precautions taken is the number of documents involved in the discovery request. Id. at 483. The level of effort must increase in proportion to the number of the documents involved and failure to meet the level of effort necessary invites the inference of waiver. Id. Time constraints also may affect what precautionary efforts are reasonable under the circumstances. See Transamerica Computer Co., Inc. v. International Business Machines, Corp., 573 F.2d 646, 651-652 (9th Cir.1978) (finding no waiver of privilege where 17 million documents had to be screened in a three month period where the disclosing party was " in a