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Proskauer - Minding Your Business

Beware the Privilege Waiver During Investor Due Diligence

Proskauer - Minding Your Business on

As though commercial transactions were not already fraught with enough potential pitfalls, a recent decision from the Southern District of New York highlighted yet another risk that could carry significant consequences to...more

Patterson Belknap Webb & Tyler LLP

Judge Hall Holds an Answer Waived Privilege by Selectively Pleading Protected Communications

Patterson Belknap Webb & Tyler LLP on

On September 19, 2019, U.S. District Judge LaShann DeArcy Hall denied an appeal by the defendant in a litigation to correct the inventorship of patents of rulings by Magistrate Judges Gary R. Brown and Peggy Kuo that the...more

McDermott Will & Emery

Pre-Merger Intentional Waiver of Privilege Can Extend to Post-Merger Communications

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit ruled that a predecessor company’s intentional waiver of attorney-client privilege can survive the company’s merger. In re OptumInsight, Inc., Misc. Docket No. 2017-116 (Fed....more

Mintz - Intellectual Property Viewpoints

Federal Circuit Says PTO Submissions can Waive Privilege to Future Communications

Mintz - Intellectual Property Viewpoints on

On July 20, 2017, the United States Court of Appeals for the Federal Circuit in In re OptumInsight denied OptumInsight’s petition for writ of mandamus on privilege waiver. The court held that the District Court for the...more

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