Work Product Privilege

United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

by Wilson Sonsini Goodrich & Rosati on 5/22/2013

The United States International Trade Commission (ITC) on May 15, 2013, issued a notice amending Rule 210.27 of its Rules of Practice and Procedure in Section 337 investigations. The amendments go a long way in attempting to...more

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

by Connie Bertram, Amy Blackwood | Proskauer - Whistleblowing & Retaliation on 5/6/2013

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

District Court Grants Motion to Compel Against SEC, Holding that "Facts" Are Not Work Product In SEC Confidential Witness...

by Robert Rose | Sheppard Mullin Richter & Hampton LLP on 5/3/2013

In a recent Securities & Exchange Commission (“SEC”) investigation, the SEC interviewed three persons who had proffer agreements with the SEC and United States Attorney. In a subsequent SEC enforcement action, a defendant...more

Washington Federal Judge Presumes that Liability Insurer May Not Assert Attorney-Client Privilege or Work Product Protection in...

by Sedgwick LLP on 4/22/2013

On April 12, 2013, Judge Richard Jones of the U.S. District Court for the Western District of Washington ruled that in a bad-faith lawsuit against a liability insurer, the judge would presume that the insurer has no...more

Recorded Witness Statements Subject to Qualified Work Product Protection

by David J. McMahon, Brendan Mullan | Barger & Wolen on 3/27/2013

The California Supreme Court recently held that work product protection applies to recordings of witness interviews conducted by attorneys or their agents and information concerning the identity of those witnesses in Coito v....more

Washington Supreme Court Presumes that First-Party Insurers May Not Assert Attorney-Client Privilege or Work Product Protection in...

by Robert Meyers | Sedgwick LLP on 3/5/2013

In Cedell v. Farmers Ins. Co. of Washington, No. 85366-5 (Wash. February 21, 2013), a 5-4 majority of the Washington Supreme Court established a new framework for evaluating attorney-client privilege and work-product issues...more

Pro Te Solutio - Vol. 5 No. 4 November 2012

by Butler, Snow, O'Mara, Stevens and Cannada,... on 3/4/2013

In This Issue: - Forecast for the Physician Payments Sunshine Act: Partly Cloudy - Document Preservation Notices and the Lists of Who Receive Them: Are They Discoverable? - FDA Warning Letters Through...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: Conducting Efficient Patent...

by Kurt W. Rohde | McDonnell Boehnen Hulbert & Berghoff LLP on 2/25/2013

The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront planning, preparation, and coordination between inhouse and outside...more

It Is Easy to Lose the Privilege Protecting Audit Documents

by Larry Burke | Davis Wright Tremaine LLP on 2/22/2013

In a recent case, documents related to an audit which was described in internal correspondence as being done to assess general compliance were not privileged in later civil litigation since the Court found: (1) the audit was...more

It Is A Unitary Government Afterall: Privilege For Intra-governmental Communications

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 2/21/2013

About a year ago, I blogged about a decision by the federal district court in the Lower Fox River case ruling that there was no attorney-client privilege protecting communications between government lawyers representing the...more

Legal Alert: Federal Court Finds That SEC Attorneys’ Interview Notes and Memories Are Not Protected by the Work Product Doctrine

by Bruce Bettigole, Andrew McCormick | Sutherland Asbill & Brennan LLP on 2/7/2013

In a highly unusual decision that the Securities and Exchange Commission (SEC) says “ignores 65 years of precedent,” a federal judge has held that the memories of SEC attorneys and information from their interview notes are...more

The Privilege is in the Policy: Tripartite Attorney-Client Relationship Arises Where Insurer Retains Counsel Pursuant to Policy...

by Katherine Mast | Sedgwick LLP on 1/29/2013

In Bank of America v. Superior Court, ___Cal.Rptr.3d ___, 2013 WL 151153 (Cal. Ct. App. Jan. 15, 2013) the California Court of Appeal for the Fourth Appellate District held that a tripartite attorney-client relationship...more

California Court Holds That A Tripartite Attorney-Client Relationship Exists Between A Title Insurer, Its Insured And Counsel...

by Kenneth Styles | Miller Starr Regalia on 1/25/2013

Ten years ago, a California Court of Appeal took a relatively narrow view of the attorney-client privilege in conjunction with claims investigation and analysis conducted by a title insurer’s in-house counsel....more

Third-Party Bad Faith Litigation – Insurers’ Attorney-Client Privilege and Work Product Doctrine Protections Limited by Tripartite...

by Alicia Curran, Stacey Farrell | Cozen O'Connor on 1/14/2013

In what may be the continuation of a trend toward the erosion of the attorney-client privilege and work product doctrine in bad faith litigation, another court has held that an insurer’s communications with defense counsel...more

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United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

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

District Court Grants Motion to Compel Against SEC, Holding that "Facts" Are Not Work Product In SEC Confidential Witness...

Washington Federal Judge Presumes that Liability Insurer May Not Assert Attorney-Client Privilege or Work Product Protection in...

Recorded Witness Statements Subject to Qualified Work Product Protection

Washington Supreme Court Presumes that First-Party Insurers May Not Assert Attorney-Client Privilege or Work Product Protection in...

Pro Te Solutio - Vol. 5 No. 4 November 2012

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: Conducting Efficient Patent...

It Is Easy to Lose the Privilege Protecting Audit Documents

It Is A Unitary Government Afterall: Privilege For Intra-governmental Communications

Legal Alert: Federal Court Finds That SEC Attorneys’ Interview Notes and Memories Are Not Protected by the Work Product Doctrine

The Privilege is in the Policy: Tripartite Attorney-Client Relationship Arises Where Insurer Retains Counsel Pursuant to Policy...

California Court Holds That A Tripartite Attorney-Client Relationship Exists Between A Title Insurer, Its Insured And Counsel...

Third-Party Bad Faith Litigation – Insurers’ Attorney-Client Privilege and Work Product Doctrine Protections Limited by Tripartite...

Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon (2nd Edition)

Sending the Privilege Away: Attorney-Client E-Mails in the Corporate Setting

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions

Bad Faith Sentinel - December 2012

Merck Compelled to Disclose Documents; Confidentiality and Privilege Waived with Prior Disclosure to Government

Special Alert: Congress Passes Bill Extending Privilege Waiver Protections To CFPB

Illinois Supreme Court: Subject Matter Waiver Doesn't Apply to Most Non-Court Disclosures

Four New Civil Opinions Coming From the Illinois Supreme Court Thursday

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