Litigation Privilege

News & Analysis as of

Settlement Privilege, Limitation Periods and the Meaning of Without Prejudice

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

FTC Loses Another Privilege Battle

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

Legal Privilege - September 2013

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

Strict UK Litigation Privilege Test for Joint Liquidator Reports

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. ...more

Financial Expert Witnesses in Business Litigation

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

Federal Court Holds Litigation Privilege Bars SCRA Claim Based On Inaccurate Military Affidavit

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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