Work-Product Doctrine

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Attorney Means “Attorney” – Lessons for Subrogation Professions From Recent Federal Court Decisions Clarifying the Disclosure...

The Amendments to Rule 26 - In 2010, Federal Rule of Civil Procedure 26 was amended to provide new limitations on the discovery allowed for testifying experts in federal court cases. The most significant changes with...more

Are Internal Compliance Investigations Privileged? D.C. District Court Rules No

U.S. District Court for the District of Columbia holds documents related to internal investigations of possible violations of corporate code of conduct not protected from disclosure under either attorney-client privilege or...more

Fast Five - Rhode Island Appellate Practice: June 2013

This edition of the Fast Five on Rhode Island Appellate Practice features the final chapter of the case that is commonly known in Rhode Island as the “Lead Paint Case.” Two decisions issued by the Rhode Island Supreme Court...more

New Illinois Supreme Court Rules Address Inadvertent Disclosure of Privilege

The Supreme Court of Illinois has adopted an amendment to Supreme Court Rule 201 and added Rule 502 to the Illinois Rules of Evidence....more

Court Rules Against Imposing Sanction Of Dismissal Because Plaintiff’s Conduct Did Not Rise To The Level Of A Willful Violation

A United States District Court in the Eastern District of Missouri recently denied a Defendant’s motion seeking to impose a sanction of dismissal against the Plaintiff because the Plaintiff’s conduct did not “rise to the...more

Illinois Supreme Court Adopts Rule 502: Spoiler Alert for Center Partners?

Today, the Illinois Supreme Court adopted Rule 502 of the Illinois Rules of Evidence, governing the circumstances in which disclosure of protected materials in a legal proceeding, or before a state or federal office or...more

FTC Set to Adopt New Rules to Speed Up Investigations, But Will They Work?

The Federal Trade Commission recently finalized changes to its investigative procedures. The changes are intended to streamline a process that has, in recent years, become increasingly lengthy and unwieldy. The driving force...more

Internal Investigations: How to Write a Report and Who Should Receive It?

The ultimate outcome of an internal investigation is, in many respects, dictated by the investigation report. But not all reports are created equal. Every report reflects the specific external and internal...more

California Affirms Work Product Protection For Witness Statements

Originally Published in American Bar Association Litigation News, September 14, 2012. In a unanimous decision that may lead to increased discovery disputes for trial courts, the California Supreme Court recently...more

Are Auditor Work-Papers Discoverable? The D.C. Circuit Joins the Fray

In the United States, the “work-product” doctrine ensures that attorneys can effectively prepare for litigation and trial by protecting their notes, preparatory materials, and internal analyses from discovery. The Supreme...more

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum,...

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum, and Other Documents" Party A sues Party B alleging wrongful termination, pay...more

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