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Class Action Attorney-Client Privilege

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Goodwin

Twitter Brings Suit Against Musk in Delaware Court of Chancery Seeking Specific Performance

Goodwin on

On July 12, 2022, Twitter, Inc. brought a civil action in the Delaware Court of Chancery against Elon Musk, the co-founder and CEO of Tesla Motors, Inc., for breach of contract in an attempt to force Musk to complete his...more

Goodwin

Delaware Court of Chancery Finds that Director’s Email on Outside Email System Remains Confidential

Goodwin on

Delaware Court of Chancery Finds that Director’s Email on Outside Email System Remains Confidential; Delaware Supreme Court Overrules Longstanding Precedent Regarding Derivative Versus Direct Standing; SEC Files Crowdfunding...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

ArentFox Schiff

Error - No Privilege Found: District Court Compels Production of Data Breach Report

ArentFox Schiff on

The Middle District of Pennsylvania recently rejected arguments that a report created in response to a data breach was protected as work-product and/or under attorney-client privilege because: The report’s Statement of Work...more

Mintz - Privacy & Cybersecurity Viewpoints

Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case

Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine....more

Holland & Knight LLP

Holland & Knight's China Practice Newsletter: May-June 2021

Holland & Knight LLP on

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more

Jones Day

2020 Securities Litigation Year in Review

Jones Day on

2020 was another active year for securities litigation in the United States. Federal securities class actions continued to be filed at record levels notwithstanding the COVID-19 pandemic. In fact, a number of those newly...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 4, August 2020

Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to NC Courts on How to Properly Craft eDiscovery Protocols - The Court of Appeals decision in Crosmun is important because...more

Farrell Fritz, P.C.

Can The Content Of My Privilege Log Jeopardize My Privilege Claim?

Farrell Fritz, P.C. on

Rule 26(b)(5) of the Federal Rules of Civil Procedure provides that, when a party withholds information otherwise discoverable by claiming the information is privileged or subject to protection as trial-preparation material,...more

Woods Rogers

Protecting Your Organization: Eastern District of Virginia Rules Cybersecurity Incident Report Not Privileged Work Product

Woods Rogers on

On May 26, 2020, in In re Capital One Consumer Data Security Breach Litigation, MDL 1:19md2915 (E.D. Va.) the Federal District Court for the Eastern District of Virginia (Alexandria Division) (Anderson, J.) held that a...more

Wilson Sonsini Goodrich & Rosati

Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more

Shook, Hardy & Bacon L.L.P.

Court Applies Work Product Protection to Breach Investigation Reports

One of the most significant questions in data security law is whether reports created by forensic firms investigating data breaches at the direction of counsel are protected from discovery in civil class action lawsuits. ...more

Kilpatrick

New California Laws and Cases that May Impact Your Business

Kilpatrick on

This alert covers selected new California laws that may affect your company’s business operations in California, and recent published case opinions that may impact your company if it does business or is involved in litigation...more

Patterson Belknap Webb & Tyler LLP

Wake-Up Call: Law Firms in the Cybersecurity Crosshairs

Last week marked the first time a U.S. law firm was publicly named in a class action data security lawsuit. Originally filed in April 2016, the class action complaint in Shore v. Johnson & Bell, Ltd., 16-cv-4363 (N.D. Ill.),...more

Foley & Lardner LLP

Increasing Legal Scrutiny of Website Accessibility in the Real Estate Industry

Foley & Lardner LLP on

From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts: An Update From Skadden Securities Litigators - February 2016 / Volume 8 / Issue 1

We are pleased to present Inside the Courts (Volume 8, Issue 1), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between...more

Akin Gump Strauss Hauer & Feld LLP

Is Your Privilege On Target? Lessons in Protecting Privilege from the Target Data Breach

The Target data breach has been the source of countless discussions of what to do and what not to do following a data breach. A recent ruling from the federal district court overseeing the consumer class action provides...more

King & Spalding

Attorney-Client Privilege and Work-Product Doctrine Shield Forensic Data Breach Consultant’s Communications and Documents from...

King & Spalding on

October 23, 2015, Magistrate Judge Jeffrey J. Keyes of the United States District Court for the District of Minnesota determined that the attorney-client privilege and the work-product doctrine shielded from disclosure...more

Poyner Spruill LLP

Lessons Learned from Target’s Data Breach Discovery Win - Five Strategies for Maintaining Privilege in the Aftermath of a Data...

Poyner Spruill LLP on

A thousand questions immediately flood any lawyer’s mind when they first hear that their client may have been affected by a data breach. How did it happen? What data were affected? Was there any personal information affected,...more

King & Spalding

Business Lit Ledger - Fall 2015

King & Spalding on

In this Fall issue of our newsletter, you will find a review of several significant legal developments. For example, our antitrust group reviews actions taken by the Federal Trade Commission and the Department of Justice...more

Latham & Watkins LLP

The Class Actions Global Guide, France

Latham & Watkins LLP on

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - The types of collective action addressed in this...more

Latham & Watkins LLP

The Class Actions Global Guide, Italy

Latham & Watkins LLP on

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - The members of a “class” can bring a “class action”...more

Latham & Watkins LLP

The Class Actions Global Guide, Germany

Latham & Watkins LLP on

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - There is no mechanism for general collective...more

Latham & Watkins LLP

The Class Actions Global Guide, Spain

Latham & Watkins LLP on

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - There is no specific definition of...more

Latham & Watkins LLP

The Class Actions Global Guide, US

Latham & Watkins LLP on

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - In the US, a class action is a form of...more

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