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.
Wolfe v. Foreman, 3D10-3055 (Fla. 3d DCA 2013) -
The issue in this appeal was whether the litigation privilege, which protects actions taken in the course of and related to a judicial proceeding from civil liability,...more
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
Non-compete disputes often follow a similar pattern. And part of that pattern involves the dreaded "cease-and-desist" letter.
These letters are precursors to litigation, and they can be either effective or damaging,...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