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Depositions Privileged Communication

McGuireWoods LLP

South Dakota Court Refreshingly Acknowledges Rule 30(b)(6) Confusion

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As noted in several previous Privilege Points, courts have great difficulty assessing privilege protection for communications relating to a Rule 30(b)(6) deposition — in which a corporation or other institution designates a...more

McGuireWoods LLP

Privilege Protection for Deposition-Break Communications: It’s Complicated

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Some court rules explicitly prohibit communications between a deposition witness and her lawyer during a deposition break, except to discuss whether to assert a privilege objection to a pending question. See, e.g., Local Civ....more

McGuireWoods LLP

Practical Guidelines for Lawyer Depositions

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Although fortunately rare, lawyers' depositions almost always involve complicated privilege issues. One might argue that just about every question posed to a lawyer would justify a privilege assertion — but that would go too...more

McGuireWoods LLP

Virginia Court Applies the Shelton Standard to Block Lawyer's Deposition

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Based on the justifiable presumption that depositions in which a lawyer deposes the other side’s lawyer would inevitably cause hard feelings (or worse), many courts require lawyers seeking to take the adversary’s lawyer’s...more

Baker Donelson

At the Crossroads: Legal Considerations Where Government Investigations Overlap with Tort Risk in Long Term Care

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In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long...more

Buchalter

Client Sends Privileged Email From iPhone That Triggers Inadvertent Production Rule

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Eight years ago the Second District Court of Appeal issued a decision establishing an attorney’s ethical duties upon receipt in discovery from opposing counsel of an inadvertently produced, privileged communication. State...more

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