Confidential Documents

Kinetic Moves To Disqualify Counsel In False Claims Act Qui Tam Action For Improper Use Of Contractor’s Privileged Documents

by Connie Bertram, Amy Blackwood | Proskauer - Whistleblowing & Retaliation on 5/6/2013

Arguing that relators’ counsel has retained and used, without authority, more than 800 of its attorney-client privileged and work product documents, Kinetic Concepts, Inc. (“KCI”) has asked the District Court for the Central...more

Harvard's Secret E-Mail Search: The Intersection of Internal Investigations and Digital Privacy

by Benjamin Fischer | Morvillo Abramowitz Grand Iason & Anello P.C.... on 3/14/2013

Earlier this week, Harvard University acknowledged the fact that, in the wake of last summer’s cheating scandal that rocked the campus, it had secretly searched the e-mail accounts of 16 Resident Deans. The e-mail search was...more

10 Things You Should Know About IP Litigation

by Knobbe Martens Olson & Bear LLP on 2/4/2013

1. Can I infringe a patent if I am not aware of it? Yes. Lack of knowledge of a patent or a lack of intent to infringe the patent is not a defense to an allegation of patent infringement. Patent infringement occurs when...more

Release of Confidential Cartel Information by European Commission to English High Court Suspended

by Philip Bentley, Philipp Werner | McDermott Will & Emery on 1/16/2013

On 29 November 2012, the EU General Court (GC) issued a provisional order suspending the European Commission’s decision to communicate to the High Court of England and Wales a copy of Alstom’s reply to the statement of...more

Witness Statements No Longer Exempt from Production to Union

by Andrew Volin | Sherman & Howard L.L.C. on 1/10/2013

Employers who obtain witness statements in anticipation of litigation or grievances often contend the statements are exempt from the duty to provide information to the union, relying on the NLRB's 1978 decision in...more

Confidential Investigations of Bank Activities

by Mick Grasmick, John F. Libby, Harold P. Reichwald | Manatt, Phelps & Phillips, LLP on 1/9/2013

Scenario: In the course of a safety and soundness examination, the bank examiners identify certain unusual transactions and bring the issue to the attention of management. Management, in turn, recognizing the potential...more

As 2012 Ends, So Does the NLRB's Longstanding Bright-Line Rule Protecting Witness Statements from Disclosure

by Tracy Stott Pyles | Littler on 1/5/2013

As the calendar year ends, so does National Labor Relations Board Member Brian Hayes' term, prompting a series of decisions, including Piedmont Gardens, 359 NLRB No. 46 (Dec. 15, 2012). There the Board reversed 34 year-old...more

NLRB Overrules Longstanding Precedent, Provides Opportunity For Unions To Obtain Confidential Witness Statements Used In Internal...

by Neil S. Goldsmith, Amy Zdravecky | Franczek Radelet P.C. on 1/4/2013

Since 1978, employers had not been required to disclose witness statements provided in internal investigations to unions deciding whether to pursue various grievances. All that changed last week when the NLRB overturned its...more

NLRB Decision Sets New Rule on Confidentiality of Witness Statements

by Michael Lebowich, Fredric Leffler, Marc Mandelman, Ronald Meisburg, Katharine Parker, Bernard Plum, Leslie Silverman, Mark Theodore, Allan Weitzman | Proskauer Rose LLP on 1/3/2013

The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American Baptist Homes of the West, 359 NLRB No. 46 (December 15, 2012) in which it...more

Five Data Governance Matters To Address In 2013

by Tim Banks | Dentons on 1/2/2013

It is 2013, and time for a bit of tough love. Here are five data governance matters that need your attention as soon as possible....more

NLRB Overrules Another Longstanding Precedent: Witness Statements No Longer Exempt From Disclosure

by Mark Theodore | Proskauer - Labor Relations on 12/31/2012

The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen....more

Lame Duck Congress Acts on Privacy Bills, Mostly With an Eye Toward 2013

by William J. Weber | BakerHostetler on 12/24/2012

While continuing congressional inaction on the fiscal cliff is getting most of the ink/pixels in news headlines over the last couple weeks, several privacy bills have advanced in the House and Senate....more

Are your confidential documents confidential?

by James Cherry, Stuart Irvine | Freehills Patent Attorneys on 12/4/2012

In April 2013 Australian patent law will change to more closely align patent attorney privilege with legal professional privilege. While this is a welcome change, and will hopefully rectify certain flaws of the current...more

Product Liability Advisory - August/September 2012: Protecting Trade Secrets and Confidential Information in Product Liability...

by Sedgwick LLP on 9/25/2012

Companies in product liability litigation often request Fed. R. Civ. P. 26(c) protective orders in order to protect their trade secrets and confidential information from being leaked to the public. When a protective order is...more

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