Confidential Documents

News & Analysis as of

Status Updates - November 2014 #11

Invisible hits. What could possibly be meant by the following tweet? “CA-40/43-44/49-44/44-50/36-44/49-10/16/14-52–>49/476-10s.” According to a recent CNN report, GOP groups tweeted such seemingly meaningless gibberish in...more

Court Limits Plaintiff’s Ability to Access Corporate Documents in Securities Class Action

In Mask v. Silvercorp Metals Inc. released on July 18, 2014, the Ontario Superior Court of Justice considered whether a plaintiff seeking leave to commence a secondary market liability action under the Securities Act is...more

Are You Committing E-Discovery Malpractice?

Although this protection is helpful, it is limited by the court’s ability to determine whether a party’s actions were reasonable. Parties therefore should take the matter out of the court’s hands by leveraging other...more

Board will not Keep Highly Confidential Documents out of In-House Counsel’s Hands

In Amneal Pharmaceuticals LLC v, Supernus Pharmaceuticals, Inc., IPR2013-00372, Paper 33 (March 7, 2014), the Board rejected Supernus proposed protective order which sought to create a category of highly confidential...more

High Court makes a common sense decision when it comes to privilege

In Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 the High Court has overturned a decision by the NSW Court of Appeal and ordered the return of privileged...more

Federal Circuit Review - Volume 3 | Issue 9 September 2013

In This Issue: • Smartphone War Update: Some of Apple’s Patents Survive Invalidity Challenge • Sale by Foreign Supplier Invalidated Patent • District Court Abused Discretion in Refusing to Keep Confidential...more

Privileged Documents: How to Not Inadvertently Produce Them

All of the recent talk about privileged documents has been about the importance of clawback agreements. While important, it is more important to not produce privileged documents in the first place....more

Not Your Average Asylum Seeker: Avoiding Extradition Snowden Style

Edward Snowden, the former technical contractor for the National Security Agency who caused quite a sensation by disclosing highly classified documents that reveal the existence and scope of the United States government’s...more

The Meaning of Patent Infringement and Patent Litigation

In This Presentation: Top 10 Q’s & A’s About Patent Litigation: - 1. Can I Infringe a Patent If I Am Not Aware of It? - 2. How Do I Tell Whether a Patent is Infringed? - Novelty/Validity vs. Infringement...more

Kinetic Moves To Disqualify Counsel In False Claims Act Qui Tam Action For Improper Use Of Contractor’s Privileged Documents

Arguing that relators’ counsel has retained and used, without authority, more than 800 of its attorney-client privileged and work product documents, Kinetic Concepts, Inc. (“KCI”) has asked the District Court for the Central...more

Harvard's Secret E-Mail Search: The Intersection of Internal Investigations and Digital Privacy

Earlier this week, Harvard University acknowledged the fact that, in the wake of last summer’s cheating scandal that rocked the campus, it had secretly searched the e-mail accounts of 16 Resident Deans. The e-mail search was...more

10 Things You Should Know About IP Litigation

1. Can I infringe a patent if I am not aware of it? Yes. Lack of knowledge of a patent or a lack of intent to infringe the patent is not a defense to an allegation of patent infringement. Patent infringement occurs when...more

Release of Confidential Cartel Information by European Commission to English High Court Suspended

On 29 November 2012, the EU General Court (GC) issued a provisional order suspending the European Commission’s decision to communicate to the High Court of England and Wales a copy of Alstom’s reply to the statement of...more

Witness Statements No Longer Exempt from Production to Union

Employers who obtain witness statements in anticipation of litigation or grievances often contend the statements are exempt from the duty to provide information to the union, relying on the NLRB's 1978 decision in...more

Confidential Investigations of Bank Activities

Scenario: In the course of a safety and soundness examination, the bank examiners identify certain unusual transactions and bring the issue to the attention of management. Management, in turn, recognizing the potential...more

As 2012 Ends, So Does the NLRB's Longstanding Bright-Line Rule Protecting Witness Statements from Disclosure

As the calendar year ends, so does National Labor Relations Board Member Brian Hayes' term, prompting a series of decisions, including Piedmont Gardens, 359 NLRB No. 46 (Dec. 15, 2012). There the Board reversed 34 year-old...more

NLRB Overrules Longstanding Precedent, Provides Opportunity For Unions To Obtain Confidential Witness Statements Used In Internal...

Since 1978, employers had not been required to disclose witness statements provided in internal investigations to unions deciding whether to pursue various grievances. All that changed last week when the NLRB overturned its...more

NLRB Decision Sets New Rule on Confidentiality of Witness Statements

The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American Baptist Homes of the West, 359 NLRB No. 46 (December 15, 2012) in which it...more

Five Data Governance Matters To Address In 2013

It is 2013, and time for a bit of tough love. Here are five data governance matters that need your attention as soon as possible....more

NLRB Overrules Another Longstanding Precedent: Witness Statements No Longer Exempt From Disclosure

The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen....more

Lame Duck Congress Acts on Privacy Bills, Mostly With an Eye Toward 2013

While continuing congressional inaction on the fiscal cliff is getting most of the ink/pixels in news headlines over the last couple weeks, several privacy bills have advanced in the House and Senate....more

Are your confidential documents confidential?

In April 2013 Australian patent law will change to more closely align patent attorney privilege with legal professional privilege. While this is a welcome change, and will hopefully rectify certain flaws of the current...more

Product Liability Advisory - August/September 2012: Protecting Trade Secrets and Confidential Information in Product Liability...

Companies in product liability litigation often request Fed. R. Civ. P. 26(c) protective orders in order to protect their trade secrets and confidential information from being leaked to the public. When a protective order is...more

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