The Alberta Court of Queen’s Bench recently released its decision in TransAlta Corporation v. Market Surveillance Administrator (TransAlta v. MSA), ordering TransAlta Corporation (TransAlta) to produce hundreds of documents...more
Answering the open question of whether pre-litigation communications by attorneys are entitled to the same absolute privilege from defamation claims as litigation communications, the Court of Appeals has just held that they...more
- If a document attracts litigation privilege, it does not have to be produced to the other party in litigation as part of the disclosure process.
- The material must be confidential, made for the...more
A D.C. Circuit decision (In re Kellogg Brown & Root, Inc.) has confirmed privilege over employee statements during in-house investigations. Can the world take comfort? This article examines privilege in the context of...more
Litigation privilege applies to regulatory proceedings where the consequences of the proceedings are significant, and the privilege cannot be excluded by statute without express and clear language, the Alberta Court of Appeal...more
In Jacobs v. Adelson, 130 Nev. Adv. Op. 44 (Mar. 29, 2014), the Nevada Supreme Court was asked to decide whether statements made to a newspaper during litigation were absolutely privileged. The case involved a defamation...more
In the case of Rawlinson & Hunter Trustees SA v Akers & Another the Court of Appeal considered the parameters of litigation privilege, providing a useful reminder of how narrow the protection is and the care that must be...more
Leslie Falcon, et. al. v. Long Beach Genetics, Inc. et. al. -
Court Of Appeal, Fourth District (March 18, 2014) -
Civil Code Section 47(b), known as the litigation privilege, provides that a ‘publication or...more
When a fraud is suspected, the litigator often turns to a private investigator to gather evidence about, and to use against, the fraudster. Retaining and instructing an investigator must be undertaken with extreme caution to...more
In Bellatrix Exploration Ltd. v Penn West Petroleum Ltd., 2013 ABCA 10, the Alberta Court of Appeal explains the key principles of settlement privilege and confirms the important protection this provides. The Court addresses...more
In two recent cases, the FTC has brought federal court challenges to either parties’ or subpoena recipients’ claims of privilege – and so far, the FTC has lost both times. For attorneys who regularly practice before the FTC,...more
This guide to solicitor-client privilege and litigation privilege does not replace specific legal advice.
Legal Privilege -
Privilege provides special protection that exempts certain documents and other forms...more
High Court holds that reports used by the Serious Fraud Office to obtain search and arrest warrants are not subject to litigation privilege in subsequent civil proceedings.
Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator,...more
Recently, the U.S. District Court for the Central District of California barred a claim for violation of Section 521 of the Servicemembers Civil Relief Act (SCRA) by holding that California’s litigation privilege applies to...more
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