In a recent decision, the Delaware Supreme Court applied an exception to the attorney-client privilege - known as the fiduciary exception or the Garner doctrine - and ordered Wal-Mart Stores, Inc., ("Wal-Mart") to produce...more
Although this protection is helpful, it is limited by the court’s ability to determine whether a party’s actions were reasonable. Parties therefore should take the matter out of the court’s hands by leveraging other...more
In Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited  HCA 46 the High Court has overturned a decision by the NSW Court of Appeal and ordered the return of privileged...more
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
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
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
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