Attorney-Client Privilege

Business Court Sanctions Parties For Disobeying Discovery Order

by Mack Sperling | Brooks Pierce on 5/23/2013

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

United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

by Wilson Sonsini Goodrich & Rosati on 5/22/2013

The United States International Trade Commission (ITC) on May 15, 2013, issued a notice amending Rule 210.27 of its Rules of Practice and Procedure in Section 337 investigations. The amendments go a long way in attempting to...more

Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law [Video]

by Polsinelli on 5/21/2013

Social media at work: What's allowed and what isn't? Facebook and LinkedIn are eradicating the carefully crafted compartments that generations have relied upon in leading their lives. Denver attorney Sean Gallagher shares how...more

Exceptions To Attorney-Client Privilege

by Law Offices of Gregory S. Robey on 5/20/2013

As the Supreme Court of Ohio has stated, “A fundamental principle in the attorney-client relationship is that the attorney shall maintain the confidentiality of any information learned during the attorney-client...more

High Net Worth Family Tax Report, Vol. 8, No. 2 -- May 2013

by Loeb & Loeb LLP on 5/18/2013

President’s fiscal year 2014 budget contains numerous tax provisions - President Barack Obama released his proposed budget for the government’s fiscal year 2014 on April 10, 2013, and, not surprisingly, the budget...more

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

by Jennifer Clark, Stacey Farrell, Angelo Savino | Cozen O'Connor on 5/15/2013

On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more

Attorney-Client Confidentiality

by Law Offices of Gregory S. Robey on 5/13/2013

Attorney-client privilege is a rule that protects both attorneys and their clients from disclosing confidential communications vital for the purposes of furnishing or obtaining legal advice or assistance....more

Automotive Legal News - May 2013 • 2nd Quarter

by John Anderson, Sr., James M. Burns, M. Kimberly Stagg, Richard Wilhelm | Dickinson Wright on 5/9/2013

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring...more

Do Law Firms Have An In-House Privilege?

by Thomas Fox on 5/7/2013

There is often a discussion about the retention of outside counsel to lead an investigation of alleged violations of the US Foreign Corrupt Practices Act (FCPA) so that the company may maintain the attorney-client privilege....more

Kinetic Moves To Disqualify Counsel In False Claims Act Qui Tam Action For Improper Use Of Contractor’s Privileged Documents

by Connie Bertram, Amy Blackwood | Proskauer - Whistleblowing & Retaliation on 5/6/2013

Arguing that relators’ counsel has retained and used, without authority, more than 800 of its attorney-client privileged and work product documents, Kinetic Concepts, Inc. (“KCI”) has asked the District Court for the Central...more

No Directors, No Officers, No Employees And No Agents – Now What?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/3/2013

Occasionally, a corporation may find itself with no directors and no management. Yet, the corporation does not cease to exist. One might wonder what use can there be in a corporation deprived of head and limb. In...more

Bad Faith Sentinel - April 2013

by Gregory M. Boucher, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola, Thomas S. Schaufelberger | Saul Ewing LLP on 5/1/2013

In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court...more

The Trust Being a Multi-Party Relationship, Whom Legal Counsel Represents Can Get Complicated

by Charles E. Rounds, Jr. on 5/1/2013

The trust being a multi-party relationship, it is not always that easy to discern at any given time whom legal counsel is representing, or should be representing, in matters relating to the trust’s creation and...more

Employee and Inventor Witnesses in Patent Trials: The Blurry Line Between Expert and Lay Testimony

by Alex Reese | Farella Braun + Martel LLP on 4/25/2013

Parties in patent infringement lawsuits frequently must choose a witness to explain complex or scientific technology behind an invention or an accused product that sits at the heart of a claim or a defense. Often, the parties...more

Using the Privilege: Fifth Amendment Fundamentals for Corporations

by Jonathan Cavalier, Hayes Hunt | Cozen O'Connor on 4/24/2013

Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and...more

Washington Federal Judge Presumes that Liability Insurer May Not Assert Attorney-Client Privilege or Work Product Protection in...

by Sedgwick LLP on 4/22/2013

On April 12, 2013, Judge Richard Jones of the U.S. District Court for the Western District of Washington ruled that in a bad-faith lawsuit against a liability insurer, the judge would presume that the insurer has no...more

M&A Deal Counsel’s Role In Creating A Winning Written Record For Defending Breach Of Fiduciary Duty Litigation

by Ryan Costa, Pamela Millard, Michael Pittinger, Jacqueline Rogers, Janine Salomone | Potter Anderson & Corroon LLP on 4/22/2013

While M&A transactions give rise to many different types of litigation, including disputes between the merger parties and statutory appraisal actions, the most common type of litigation stemming from public company mergers is...more

April 2013: London Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/9/2013

Piercing the Corporate Veil: VTB Capital plc v. Nutritek International Corp and Others [2013] UKSC 5 - In a recent case, the United Kingdom Supreme Court unanimously refused to pierce the corporate veil in order to treat an...more

Business Litigation Report -- March 2013

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/3/2013

In This Issue: - Firm News: Quinn Emanuel Recognized as a “2013 Go-To Law Firm for Top 500 Companies” and Quinn Emanuel Named Law360 Class Action Practice Group of the Year - Main...more

Common-Interest Doctrine—A Tool to Prevent Waiver of Attorney-Client Privilege in Intellectual Property Transactions

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/2/2013

It is easy to waive attorney-client privilege inadvertently while negotiating intellectual property (“IP”) transactions. For example, when an IP owner seeks to sell a patented product, potential buyers often ask for any...more

Global HR Hot Topic - April 2013: Internal Investigations in Overseas Workplaces

by Donald C. Dowling, Jr. | White & Case LLP on 4/2/2013

Challenge: In America, internal investigations into suspicions and allegations of employee misconduct follow an increasingly well-defined approach. But exporting US investigatory best practices raises unexpected...more

Retaliation and Whistleblower Claims by In-House Counsel

by Jeanne Barber, Edward Ellis, Linda Jackson, Earl (Chip) M. Jones III, Gregory Keating, Allan King, Patricia Martin, Amy Mendenhall, Roberta Ruiz | Littler on 4/1/2013

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

Use of Forensic Accounting to Avoid a Compliance Meltdown

by Thomas Fox on 3/28/2013

On this date in 1979, the worst accident in the history of the US nuclear power industry began when a pressure valve in the Unit-2 reactor at Three Mile Island fails to close. Cooling water, contaminated with radiation,...more

Brussels Court of Appeal Rules that Legal Professional Privilege Applies to In-house Counsel

by David Henry, Wilko van Weert | McDermott Will & Emery on 3/15/2013

On 5 March 2013, the Brussels Court of Appeal delivered a judgment finding that, under Belgian law, in-house counsel are covered by legal professional privilege (LPP). In relation to antitrust investigations, the ruling...more

The Washington Supreme Court Holds That in First-Party Bad Faith Litigation There Is a Presumption of No Attorney-Client Privilege

by Craig Bennion, Meredith Dishaw | Cozen O'Connor on 3/15/2013

When an insured sues an insurer for bad faith, how much of the claims file maintained by the insurer is discoverable? In a 5-4 decision, the Washington Supreme Court recently weakened insurers’ ability to protect confidential...more

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Business Court Sanctions Parties For Disobeying Discovery Order

United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law [Video]

Exceptions To Attorney-Client Privilege

High Net Worth Family Tax Report, Vol. 8, No. 2 -- May 2013

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

Attorney-Client Confidentiality

Automotive Legal News - May 2013 • 2nd Quarter

Do Law Firms Have An In-House Privilege?

Kinetic Moves To Disqualify Counsel In False Claims Act Qui Tam Action For Improper Use Of Contractor’s Privileged Documents

No Directors, No Officers, No Employees And No Agents – Now What?

Bad Faith Sentinel - April 2013

The Trust Being a Multi-Party Relationship, Whom Legal Counsel Represents Can Get Complicated

Employee and Inventor Witnesses in Patent Trials: The Blurry Line Between Expert and Lay Testimony

Using the Privilege: Fifth Amendment Fundamentals for Corporations

Washington Federal Judge Presumes that Liability Insurer May Not Assert Attorney-Client Privilege or Work Product Protection in...

M&A Deal Counsel’s Role In Creating A Winning Written Record For Defending Breach Of Fiduciary Duty Litigation

April 2013: London Litigation Update

Business Litigation Report -- March 2013

Common-Interest Doctrine—A Tool to Prevent Waiver of Attorney-Client Privilege in Intellectual Property Transactions

Global HR Hot Topic - April 2013: Internal Investigations in Overseas Workplaces

Retaliation and Whistleblower Claims by In-House Counsel

Use of Forensic Accounting to Avoid a Compliance Meltdown

Brussels Court of Appeal Rules that Legal Professional Privilege Applies to In-house Counsel

The Washington Supreme Court Holds That in First-Party Bad Faith Litigation There Is a Presumption of No Attorney-Client Privilege

Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law [Video]

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