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Nevada Privilege Law May Be Inadvertently Waived During Witness Preparation

It is common for a witness to refer to documents when testifying in order to refresh the witnesses’ recollection. NRS 50.125 requires disclosure of any writing used to refresh a witness’ recollection before or while...more

This Interest May Be Common, But It’s Still Privileged

Section 954 of the California Evidence Code establishes a privilege “to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer”. A “confidential communication...more

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

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

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

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

New Illinois Supreme Court Rules Address Inadvertent Disclosure of Privilege

The Supreme Court of Illinois has adopted an amendment to Supreme Court Rule 201 and added Rule 502 to the Illinois Rules of Evidence....more

Illinois Supreme Court: Subject Matter Waiver Doesn't Apply to Most Non-Court Disclosures

This morning, a unanimous Illinois Supreme Court has held that the doctrine of subject matter waiver of attorney-client and work product privileges does not apply in the vast majority of cases to disclosures made outside the...more

Illinois Supreme Court Adopts Rule 502: Spoiler Alert for Center Partners?

Today, the Illinois Supreme Court adopted Rule 502 of the Illinois Rules of Evidence, governing the circumstances in which disclosure of protected materials in a legal proceeding, or before a state or federal office or...more

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