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Affirmative Defenses Attorney-Client Privilege

BCLP

The Advice of Counsel Defense - Just How Far Does that Attorney-Client Privilege Waiver Go?

BCLP on

Following a recent federal court ruling, parties contemplating an advice of counsel defense must consider carefully the scope of the accompanying attorney-client privilege waiver. In United States ex rel. Lutz v. Berkeley...more

Seyfarth Shaw LLP

Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery

Seyfarth Shaw LLP on

Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more

McGuireWoods LLP

Does Asserting a "Good Faith" Affirmative Defense Waive the Attorney-Client Privilege?: Part II

McGuireWoods LLP on

Other courts take a different view. In Bacchi v. Massachusetts Mutual Life Insurance Co., defendant resisting a policyholder class action filed affirmative defenses "that it acted in good faith . . . and that its actions were...more

McGuireWoods LLP

Does Asserting a "Good Faith" Affirmative Defense Waive the Attorney-Client Privilege?: Part I

McGuireWoods LLP on

As the most extreme example of an implied waiver, the "at issue" doctrine can waive privilege protection if a litigant affirmatively raises an issue that implicates privileged communications. Some courts hold that...more

Saul Ewing LLP

White Collar Watch - October 2014

Saul Ewing LLP on

In This Issue: - Government demonstrates willingness to enforce Affordable Care Act provision that could cost providers millions of dollars - Words can come back to haunt you: Boilerplate pleading could lead...more

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