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Appeals › Common-Interest Privilege

McDermott Will & Emery

Texas Citizens Participation Act Does Not Protect Communications about Private Transactions

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The Texas Court of Appeals in the 14th Circuit denied an interlocutory appeal from the trial court’s denial of a motion to dismiss under the Texas Citizens Participation Act (TCPA), holding that TCPA does not protect...more

Snell & Wilmer

In California the Housing Crisis Yields to Luxury Spas

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A recent court of appeal opinion out of San Diego demonstrates how the California Environmental Quality Act (“CEQA”) has once again been used to impede housing development—this time to the benefit of a high-end luxury spa. ...more

Butler Snow LLP

Protecting Employers From Liability for Certain Non-Malicious Statements Made About Employee Performance, Discipline or...

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In an opinion issued in May 2020, the Tennessee Court of Appeals provided guidance regarding the application of the common interest privilege and its impact on defamation and invasion of privacy claims within the employment...more

Bennett Jones LLP

Federal Court of Appeal Quells Concern over Transactional Common Interest Privilege

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A December 2016 a decision of the Federal Court caused chills for corporate lawyers across Canada when it held that common interest privilege does not apply in the transactional context where otherwise privileged material is...more

Genova Burns LLC

Federal Circuit Paves Way for Additional Discovery in Autonomous Car Case

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The Federal Circuit reinforced limits on its own jurisdiction by rejecting an appeal brought by intervenor Anthony Levandowski in the much-publicized case Waymo LLC v. Uber Technologies, Inc., et al., No. 17-cv-00939-WHA...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

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In Allied v. OSMI, the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In a first Waymo v. Uber case, the panel...more

Ward and Smith, P.A.

2016 Guidance from the North Carolina Court of Appeals on Attorney-Client Privilege Issues

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In civil litigation, parties frequently communicate with consultants, tax advisors, friends, family, and others concerning the subject matter of the litigation, and such communications raise issues regarding the possible...more

Hinshaw & Culbertson LLP

New York and North Carolina Take a Narrow Approach to Common Interest Doctrine

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Brief Summary - The "common interest doctrine" generally protects attorney-client communications, even if such communications are disclosed to a third party, as long as the third party shares a common legal interest with...more

Morrison & Foerster LLP

New York Court of Appeals Rejects More General Application of Common-Interest Privilege in M&A Settings

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New York’s highest court has rejected an attempt to expand the state’s common-interest doctrine, and reinstated the New York rule that the doctrine only applies in the context of actual or threatened litigation. Citing the...more

WilmerHale

Second Circuit Clarifies Common Legal Interest and Work Product Doctrines for Material Shared Among Transacting Parties

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The U.S. Court of Appeals for the Second Circuit recently ruled that the “common interest” doctrine protects legal and tax liability analysis prepared for a client and subsequently shared with a consortium of banks providing...more

Butler Snow LLP

I Think We’re Alone Now: Applying the Common-Interest Privilege When No Litigation is Pending

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Recently, the New York Appellate Division broadened that state’s common-interest privilege doctrine. In Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 124 A.D.3d 129 (N.Y. App. Div. 1st Dep’t 2014), the court removed...more

Goodwin

Business Litigation Reporter - February 2015

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Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

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