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Business Litigation Attorney-Client Privilege

Ward and Smith, P.A.

Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

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Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various...more

Parker Poe Adams & Bernstein LLP

The Latest Major Developments in NC and SC Business Litigation

Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to...more

DRI

[Event] Business and Intellectual Property Litigation Super Conference - March 20th - 22nd, Philadelphia, PA

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The practice of law is changing, from where we practice to how we preserve and present evidence. At DRI’s Business Litigation and Intellectual Property Super Conference, you will learn about generational differences impacting...more

Miller & Martin PLLC

Batten the Hatches: Preparing for an Automotive Dispute

Miller & Martin PLLC on

Just as death and taxes are certainties in life, so too is litigation for many automotive companies. And while each case varies widely in terms of facts, law, parties, and forum, there are common points to consider in most...more

Farrell Fritz, P.C.

Keep it Secret, Keep it Safe: Commercial Division Protects Corporate Client Communications Under the Common-Interest Doctrine

Farrell Fritz, P.C. on

The attorney-client privilege is an old and well-known evidentiary privilege. It fosters candor between attorney and client, protects confidential information from being revealed to others, and ensures that the attorney can...more

Troutman Pepper

Preserving the Corporate Attorney-Client Privilege as Against Investors

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In Hyde Park Venture Partners Fund III, L.P. v. FairXchange, LLC, the Delaware Court of Chancery provided a valuable reminder to corporations and their directors and officers that a corporation cannot assert a privilege, such...more

Jenner & Block

Privilege Newsletter: Fitting Consultants Within the Attorney-Client Privilege and Work Product Protection – Cyber Breach...

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Cyber attacks are increasingly frequent and virulent. An intruder may lurk in a company’s computer system for years, or an attack may be sudden and catastrophic. Millions of people’s personal information and companies’...more

Perkins Coie

The Purpose, A Purpose? Because of Litigation Concerns? Ninth Circuit Adopts Stringent Test for Dual-Purpose Communications

Perkins Coie on

When are communications with counsel that are for both legal advice and business purposes protected by the attorney-client privilege? From least to most stringent, courts have required that a communication be “because of”...more

Akerman LLP

How to Protect Boards From COVID-19 Governance Risk

Akerman LLP on

Government committees, whistle blowers, the plaintiffs’ bar, activists, customers and special interest groups all appear to be readying to assail company boards, for failing the public trust. Originally Published inThe...more

Hogan Lovells

Protecting attorney work product in internal investigations: A cautionary tale

Hogan Lovells on

On May 1, 2020, the D.C. Circuit denied RPM International’s petition for a writ of mandamus to vacate a district court order compelling disclosure of interview memoranda prepared by outside counsel to the Securities and...more

Polsinelli

Delaware Court of Chancery Underscores Importance of Contracting Ahead of Time to Preserve the Seller's Attorney-Client Privilege...

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The Delaware Court of Chancery recently issued an opinion driving home the point, once again, that attention should be paid to contractually providing for the retention of the attorney-client privilege by the selling company...more

Best Best & Krieger LLP

Best in Law: Tips to Keep Client-Attorney Communications Confidential

Most people have heard of the “attorney-client privileged communication” and may even have a fair idea of what that means. But a lack of understanding about how it works can lead to errors that can render the communication no...more

Farrell Fritz, P.C.

Attorneys Switching Sides During Litigation Sometimes Allowed… at least in the First Department!

Farrell Fritz, P.C. on

Notwithstanding general public opinion of attorney ethics, most people (including attorneys) believe that an attorney cannot dump a client in the middle of litigation to represent the other side. However, attorneys in the...more

Troutman Pepper

Protecting the Privacy of Privileged Internal Investigations

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Internal investigations by outside counsel are an essential tool for corporations to ensure they are compliant with governing regulations and statutes, particularly when they are faced with allegations of potential...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recurring Issues in Accounting for Litigation Contingencies

Certain questions seem to recur when it comes to outside counsel’s communications with a company’s auditors about potential exposures as a result of litigation or regulatory/enforcement matters and the underlying accounting...more

Butler Snow LLP

Attorney-Client Privilege Might Die With Your Company

Butler Snow LLP on

If you have ever been involved in litigation relating to a defunct company, then you know that problems such as who will serve as the Rule 30(b)(6) representative and who will verify the answers to interrogatories or provide...more

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