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Attorney-Client Privilege Commercial Bankruptcy

WilmerHale

Protecting Common-Interest Privilege and Work-Product Protections: Guidance from Recent Decisions

WilmerHale on

Two recent decisions from Judge Laurie Selber Silverstein of the United States Bankruptcy Court for the District of Delaware address common-interest and attorney work-product protection issues that arose in the bankruptcy...more

Robins Kaplan LLP

Financial Daily Dose 5.28.2020 | Top Story: Canadian Court Clears U.S. Extradition Path for Huawei Exec

Robins Kaplan LLP on

The path for extradition of Huawei exec Meng Wanzhou is much clearer now that a Canadian court has ruled that “the conduct she is accused of in the United States, if proved, also constitutes a crime in Canada.” That...more

McCarter & English, LLP

Delaware Bankruptcy Court Denies Creditors’ Committee Access To Privileged Documents

In a May 8, 2017 ruling, the Delaware Bankruptcy Court denied the official committee of unsecured creditors from accessing certain documents withheld from production based on the attorney-client privilege. Despite the purpose...more

Dechert LLP

Litigation Funder Communications Protected by the Attorney-Client Privilege and Work Product Doctrine

Dechert LLP on

Addressing a novel issue in In re: International Oil Trading Company, LLC, 548 B.R. 825 (Bankr. S.D. Fla. 2016), the United States Bankruptcy Court for the Southern District of Florida recently denied in part an involuntary...more

McGuireWoods LLP

Can a Company's Founder and CEO Use Company Documents to Support His "Advice of Counsel" Defense After the Company Declares...

McGuireWoods LLP on

Courts agree that bankruptcy trustees control bankrupt companies' attorney-client privilege. It is easy to underestimate this basic principle's strength. In SEC v. Present, Civ. No. 14-14692-LTS, 2015 U.S. Dist. LEXIS...more

McGuireWoods LLP

Who Controls an Audit Committee's Privilege and Work Product Protection if the Company Declares Bankruptcy?

McGuireWoods LLP on

Many courts recognize that a corporation's constituent (such as an audit committee or a group of independent directors) can own the privilege and work product protection covering the constituent's internal corporate...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015

In the Context of a Bad Faith Claim, Insurer’s Defense That Coverage Denial Was Reasonable Put at Issue Otherwise Protected Attorney-Client and Work Product Communications - Why it matters: Recognizing the “conflicting...more

Womble Bond Dickinson

Spoken in Your Office, Read in the Courtroom: What Corporate Officers and Trustees Need to Know About the Waiver of the...

Womble Bond Dickinson on

The corporate bankruptcy process, where the roles of various stakeholders and parties in interest can change drastically throughout the case, presents unique challenges for the application of the attorney-client privilege....more

Akerman LLP

Proof of Claim Could Cost You Your Privilege - Bankruptcy Court Holds Attorney's Signature on Proof of Claim Form Renders Attorney...

Akerman LLP on

A properly filed proof of claim serves as prima facie evidence as to a claim's validity. But when this written statement is signed by a creditor's attorney, the court may find that the attorney has become a fact witness and...more

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