Mack Sperling

Mack Sperling

Brooks Pierce

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Who Bears The Burden Of Proving Waiver Of Attorney-Client Privilege?

This week, in an Opinion in Safety Test & Equipment Co. v. American Safety Utility Corp., 2014 NCBC 40, Judge Gale made a significant ruling on which party bears the burden of proof in showing a waiver of the attorney-client...more

9/5/2014 - Attorney-Client Privilege Burden of Proof Waivers

Who Doesn't Like Reading About A Ruling On A Motion To Compel?

I probably enjoy reading a ruling on a motion to compel a whole lot more than the judge does in writing it. So of course I enjoyed reading Judge Murphy's Order on a Motion to Compel yesterday in County of Catawba v. Frye...more

11/1/2013 - Attorney-Client Privilege Discovery Document Productions Motion to Compel Regular Course of Business Subsidiaries

"Common Interest" Privilege Considered By The NC Business Court

How much of an ownership interest does a parent have to have in a subsidiary for the attorney-client privilege to extend to communications between the susidiary and the lawyer for the parent company?...more

8/28/2013 - Attorney-Client Privilege Common-Interest Privilege Corporate Counsel Parent Corporation Subsidiaries

There's No Attorney-Client Privilege For The Communication Of Facts

It's been nearly ten years since the North Carolina Supreme Court decided a case involving the attorney-client privilege. That case was In re Miller, 357 N.C. 316, 584 S.E.2d 772 (2003), which raised the question whether the...more

6/4/2013 - Attorney-Client Privilege Confidential Communications

Business Court Sanctions Parties For Disobeying Discovery Order

When you think of sanctions, your mind probably goes to Rule 11 of the Rules of Civil Procedure. But what about Rule 37(b)(2)? It says that...more

5/23/2013 - Attorney-Client Privilege Discovery Sanctions

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