A divided panel of the Federal Circuit affirmed a district court’s grant of summary judgment of noninfringement, holding that importation of two product samples into the U.S. was reasonably related to obtaining FDA approval...more
It is commonplace for attorneys and compliance officers (particularly those who are also attorneys) to receive communications from clients that have more than one purpose. Take, for example, a doctor who calls a friend and...more
In a decision highly anticipated by the auto finance industry, a federal appeals court recently held that auto loans remain exempt from the Military Lending Act even when they finance related costs or services beyond the...more
A dual purpose oil and gas lease transitions into its secondary term, and remains in its secondary term, if oil and gas is produced from the leasehold or if the leasehold is used for oil and gas storage. See, Smith v....more
Attorneys and in-house counsel who provide both legal and business advice to their clients should consider the scope of the attorney-client privilege relating to dual-purpose communications. On January 23, 2023, after...more
A three-way circuit split has long plagued the realm of attorney-client privilege on how to treat communications that implicate both legal and non-legal concerns (known as “dual-purpose communications”). Namely, if a lawyer...more
On January 9, 2023, the Supreme Court held oral arguments on a significant issue regarding the application of the attorney-client privilege in a case called In re Grand Jury, Docket No. 21-1397, 598 U.S. ___ (2023). In re...more
At some point in their careers, most in-house counsel will be asked about the application of the attorney-client privilege or work on matters in which they will have to become familiar and comfortable with the application of...more
On January 9, 2023, the US Supreme Court heard oral argument in the matter of In re Grand Jury, No. 21-1397, which asked the Court to determine whether “dual-purpose” communications involving both legal and business advice...more
查看中文 - This January 2023 update provides an overview of key regulatory developments in the past three months relevant to companies listed, or planning to list, on The Stock Exchange of Hong Kong Limited (HKEx) and their...more
Inside and outside healthcare counsel should know that the way they guide clients through legal and business issues may need to change based on a recent Ninth Circuit case governing the protections afforded to attorney-client...more
Inside and outside counsel should know that the way they guide clients through legal and business issues may need to change based on a recent Ninth Circuit case governing the protections afforded to those communications...more
Recently, we wrote a blog post about the Supreme Court entertaining arguments on the scope of the attorney-client privilege in the context of dual-purpose communications paraphrasing a question from Justice Kagan during the...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
On January 23, 2023, the United States Supreme Court dismissed the writ of certiorari as improvidently granted in a case that asked the Court to consider how to determine the application of attorney-client privilege to...more
In a surprising move, the Supreme Court of the United States (SCOTUS) dismissed a dispute involving the proper test to apply when determining whether an unnamed law firm’s mixed bag of communications involving both legal...more
The Supreme Court was seemingly set to decide whether and when a party can assert attorney-client privilege protection over communications containing both legal and non-legal advice, but SCOTUS recently decided to bypass the...more
In re Grand Jury, a case closely watched by lawyers and in-house counsel, had the potential to fundamentally alter the scope of the attorney client privilege, which protects from disclosure to third parties certain...more
Every day in corporate America, in-house and outside legal counsel attend meetings and correspond by email with their clients about both legal and business matters. Often it difficult to separate the legal and non-legal parts...more
Shortly after oral arguments on the correct standard for assessing the application of mixed-purpose communications in In re Grand Jury, the U.S. Supreme Court dismissed its writ of certiorari as improvidently granted. To...more
The U.S. Supreme Court decided on January 23, 2023, in a per curiam slip opinion that it would not consider whether communications including both legal and non-legal advice are protected by attorney-client privilege. The...more
In re Grand Jury concerns a dispute between an unnamed company together with its unnamed law firm and the Government over whether the law firm was required to produce certain “dual purpose” communications—communications that...more
Today, the United States Supreme Court issued a "non-decision" in In re Grand Jury. The case involved a conflict among federal circuit courts of appeal over which legal test should be applied to evaluate whether so-called...more
The US Supreme Court heard oral arguments on January 9, 2023, regarding how federal courts should determine when the attorney-client privilege applies to dual-purpose communications. The central question in the case before...more
On January 9, 2023, the US Supreme Court heard oral argument in the matter of In re Grand Jury, No. 21-1397, which asked the Court to determine when the attorney-client privilege will protect “dual-purpose communications”...more