News & Analysis as of

Attorney-Client Privilege Appeals Discovery

Pullman & Comley, LLC

Voluntary Disclosure of a Communication with Counsel: The CT Appellate Court Recognizes “Subject Matter” Waiver

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Accordingly, we hold that the voluntary disclosure of a privileged attorney-client communication constitutes a waiver of the privilege as to all other communications concerning the same subject matter when the trial court...more

Holland & Knight LLP

Healthcare Law Update: October 2021

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Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a...more

Bass, Berry & Sims PLC

Reminder: When Are Communications with Corporate Counsel Privileged?

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To foster open and honest communications with counsel, it is critically important that those communications are protected from disclosure by the attorney-client privilege. But, not every communication with counsel is...more

Spilman Thomas & Battle, PLLC

Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to North Carolina Courts on How...

The Court of Appeals of North Carolina's decision in Crosmun v. The Trustees of Fayetteville Technical Community College, ___ N.C. App. ___, 832 S.E.2d 223 (2019) provides much needed guidance to North Carolina courts on how...more

WilmerHale

United States Court of Appeals for the District of Columbia Denies Petition for Mandamus Seeking to Protect Privilege When Company...

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A mandamus petition is an extraordinary remedy that seeks to compel a lower court to take action in extraordinary cases. The U. S. Court of Appeals for the District of Columbia has twice granted mandamus petitions vacating...more

Dorsey & Whitney LLP

Think Your “Private” Posts are Private? In New York, “Private” Facebook Posts are No Longer Protected from Discovery

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In a recent unanimous decision, Forman v. Henkin, the New York Court of Appeals, New York’s highest court, removed the heightened requirement set by the lower courts for a party requesting the production of social media posts...more

Genova Burns LLC

Federal Circuit Paves Way for Additional Discovery in Autonomous Car Case

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The Federal Circuit reinforced limits on its own jurisdiction by rejecting an appeal brought by intervenor Anthony Levandowski in the much-publicized case Waymo LLC v. Uber Technologies, Inc., et al., No. 17-cv-00939-WHA...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Says PTO Submissions can Waive Privilege to Future Communications

On July 20, 2017, the United States Court of Appeals for the Federal Circuit in In re OptumInsight denied OptumInsight’s petition for writ of mandamus on privilege waiver. The court held that the District Court for the...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2017

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Proskauer - Minding Your Business

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

Proskauer - Minding Your Business

Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged

If one party in a lawsuit merely identifies documents on a privilege log without detail, does the other party bear the burden of showing that the withheld materials were not privileged, in order get access to those documents?...more

Ward and Smith, P.A.

2016 Guidance from the North Carolina Court of Appeals on Attorney-Client Privilege Issues

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In civil litigation, parties frequently communicate with consultants, tax advisors, friends, family, and others concerning the subject matter of the litigation, and such communications raise issues regarding the possible...more

Hinshaw & Culbertson LLP

Communications Between Public Relations Firm and Counsel Held Not Privileged

Behunin v Superior Court, __ Cal. Rptr. 3d ___ 2017 WL 977095 (March 16, 2017) - Brief Summary - The Second District of the California Court of Appeal ruled that communications between counsel and a public relations...more

Farella Braun + Martel LLP

California Supreme Court Concludes Attorney Invoices Privileged During Ongoing Litigation

Attorney invoices may be protected in their entirety by the attorney-client privilege during ongoing litigation. After litigation has concluded, however, those same invoices may be discoverable. So concludes the California...more

Proskauer - Minding Your Business

Key Lessons From the Recent Precedential Order by Federal Circuit – Jurisdiction, Mandamus, and Privilege

On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC,...more

Pullman & Comley, LLC

ALERT: New York Appellate Court Recognizes In-Firm Privilege

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July 7, 2016 David P. Atkins On June 30, 2016, the New York State Appellate Division for the First Department (Manhattan) issued a significant decision on the scope of the so-called in-firm attorney-client privilege....more

Hinshaw & Culbertson LLP

New York and North Carolina Take a Narrow Approach to Common Interest Doctrine

Brief Summary - The "common interest doctrine" generally protects attorney-client communications, even if such communications are disclosed to a third party, as long as the third party shares a common legal interest with...more

PilieroMazza PLLC

Preserving the Attorney-Client Privilege when Conducting an Internal Investigation

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You may recall that, back in July 2014, we advised that the D.C. Circuit Court of Appeals had overturned a D.C. District Court decision in a False Claims Act case that required the results of an internal investigation, which...more

Best Best & Krieger LLP

Attorney-Client Privilege Not Waived in Mistaken Records Release, California Appellate Court Finds

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*As published in PublicCEO A Bay Area school district that inadvertently released attorney-client privilege documents following the resignation of its superintendent did not waive its disclosure exemption right granted...more

Hinshaw & Culbertson LLP

Under California Law, Attorney Billing Statements Are Confidential Communications

In County of Los Angeles Board of Supervisors et al. v. The Superior Court of Los Angeles, 2015 DJDAR 4085, the California Court of Appeal for the Second District ruled that attorney invoices may be confidential...more

McDermott Will & Emery

Contempt Charge Vacated Based On Valid Assertion of Attorney Client Privilege - Waste Management of Washington, Inc. v. Kattler et...

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Finding that a district court had not provided procedural due process to an attorney for a sanctioned party, and that the district court abused its discretion in imposing sanctions for civil contempt against the attorney, the...more

Cozen O'Connor

Prohibiting Discovery of Attorney-Expert Communications

Cozen O'Connor on

Are communications between attorneys and their retained experts discoverable? For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision “creat[ing] a...more

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