News & Analysis as of

Privileges and Immunities

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

Does the Shelton Standard Apply to In-House Lawyers?

by McGuireWoods LLP on

Nearly every court protects a litigant's lawyer from depositions or other discovery under what is called the Shelton standard ( Shelton v. American Motors Corp., 805 F.2d 1323 (8th Cir. 1986)) or under similarly restrictive...more

The Uncertain Legal Future of Wine Direct Shipping by the Retail Tier

by McDermott Will & Emery on

The Supreme Court of the United States’ 2005 decision in Granholm v. Heald, which required states allowing their own wineries to direct-ship to consumers to also grant such privileges to out-of-state wineries, marked the...more

What Century Are We Living In? – The Second Circuit Seems To Think It's the Nineteenth

by Hinshaw & Culbertson LLP on

The United States Court of Appeals for the Second Circuit recently held that members of the New York bar residing out-of-state can be constitutionally required to have a physical office within the state, reversing the U.S....more

Indiana Product Liability Act's Statute of Repose Found Unconstitutional For Asbestos Cases

by Hinshaw & Culbertson LLP on

On March 2, 2016, Justice Brent E. Dickson of the Indiana Supreme Court ruled on three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose. Myers v. Crouse-Hinds Division of Cooper...more

Courts Assess Whether Client and Lawyer Agents are Inside or Outside Privilege Protection: Part II

by McGuireWoods LLP on

Last week's Privilege Point discussed a court's consideration of privilege protection for communications with client and lawyer agents. Two weeks later, another court analyzed Debevoise & Plimpton's argument that the...more

Supreme Court Rejects Constitutional Challenge to Virginia Public Records Law

by Brooks Pierce on

In a unanimous decision authored by Justice Alito, the U.S. Supreme Court today turned away a constitutional challenge to residency requirement of the Virginia Freedom of Information Act. As we previously reported, the Court...more

“Let My People Go…to Delaware” - Paupers, Vagabonds and Fugitives from Justice Excepted

by Jackson Walker on

Originally published in the ABI Journal, Vol. XXXII, No. 2, March 2013. Delaware Local Bankruptcy Rule 9010-1 governs bar admissions and limits unfettered practice before its courts to those attorneys “admitted to practice...more

Supreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens

by Foley & Lardner LLP on

On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain...more

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