Absolute Privilege

News & Analysis as of

Corporate Investigations & White Collar Defense - May 2015

It’s an Absolute Privilege to Meet You! Texas Supreme Court Rules That Internal Investigation Report Provided by Shell Oil to DOJ Enjoys “Absolute Privilege” - Why it matters: On May 15, 2015, the Texas Supreme Court...more

Texas Supreme Court: Companies Shielded from Defamation Claims for Statements in Internal Investigation Reports

Last week, the Texas Supreme Court joined the majority of jurisdictions in holding that a company enjoys an absolute privilege when providing the Department of Justice (DOJ) with an internal investigation report containing...more

Warning to NY litigators - What privilege attaches to pre-litigation attorney statements? NY appeals court answers: qualified

New York law has long recognized that attorneys who make defamatory statements in connection with an existing litigation enjoy an absolute privilege against claims for libel and slander. Whether such a privilege extends to...more

Real Property, Financial Services & Title Insurance Update: Week Ending February 20, 2015

REAL PROPERTY UPDATE - Sinkhole/Appraisal: reversing non-final order compelling appraisal of sinkhole claim because one is not appropriate under section 631.54(3)(c), Florida Statutes – Fla. Ins. Guar. Ass’n, Inc. v....more

Defamation From Beyond the Grave: Using Your Last Will To Get In The Last Word

Halloween is a good time to think about how you want to die. Do you want to leave the world peacefully? Or do you want to go down trash talking, making sure that your enemies know exactly what you think about them, and that...more

Nevada Supreme Court Holds Judicial Privilege for Statements Made to the Media During Litigation is Not Absolute

In Jacobs v. Adelson, 130 Nev. Adv. Op. 44 (Mar. 29, 2014), the Nevada Supreme Court was asked to decide whether statements made to a newspaper during litigation were absolutely privileged. The case involved a defamation...more

Accountant’s Defamatory Report To Audit Committee Held To Be Absolutely Privileged

Once upon a time an independent accounting firm learned from a law enforcement source that its publicly traded client and two of its directors had committed illegal acts of a serious nature. ...more

Florida Judge Quashes Subpoena in Political Taping Case

In a criminal case arising from the secret recording of a private conversation, Florida prosecutors issued a subpoena to compel a news reporter to testify in a case against a former aide to Lt. Gov. Jennifer Carroll. The...more

Got Privilege? Wisconsin Shield Law Tested in Raw Milk Case

In the first-known application of Wisconsin's two-year-old shield law, Judge Guy Reynolds of the Sauk County Circuit Court refused a request by the state's Department of Justice to issue subpoenas to three journalists who...more

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