[Podcast] Defining Our Vision and Values
DE Under 3: OFCCP Walks Back Its Earlier “Pay Equity” Directive
JONES DAY TALKS®: International Litigation: Confidentiality and Legal Privilege under French Law
Writing a book as a Big Law partner - Legally Contented Ep. 2 - Christopher Ruhland
Internal Investigations in the Asia-Pacific Region
Cyberside Chats: Preserving Legal Privilege After a Cybersecurity Incident
CyberSide Chats: Yes, you needed a cyber attorney a long time ago (with Erik Weinick)
Client Confidentiality in the Age of Coronavirus [More with McGlinchey Ep. 2]
Jones Day Presents: Strategies for Dealing with the IRS: The IRS Examination
Day 15 of One Month to Better Investigations and Reporting-the Parameters of Privileges
Day 2 of One Month to Better Investigations and Reporting-Selection of Investigative Counsel
Your Cyber Minute: Attorney-client privilege in the midst of a cybersecurity breach
Insurance Companies and the Attorney-Client Privilege in Arizona
Attorney Client Privilege
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
Do You Need A Lawyer for a Federal Grand Jury Subpoena?
In a surprising move, the Supreme Court of the United States (SCOTUS) dismissed a dispute involving the proper test to apply when determining whether an unnamed law firm’s mixed bag of communications involving both legal...more
To foster open and honest communications with counsel, it is critically important that those communications are protected from disclosure by the attorney-client privilege. But, not every communication with counsel is...more
A mandamus petition is an extraordinary remedy that seeks to compel a lower court to take action in extraordinary cases. The U. S. Court of Appeals for the District of Columbia has twice granted mandamus petitions vacating...more
A recent decision of the U.S. Court of Appeals for the Fourth Circuit (one among the 13 appeals courts of the U.S. federal court system) underscores the importance of the attorney-client privilege. In a case titled In re:...more
Although appellate courts understandably do not like piecemeal reviews before a final judgment, privilege issues seem particularly well-suited for interlocutory appeals. Once a court orders production of protected documents...more
In a recent unanimous decision, Forman v. Henkin, the New York Court of Appeals, New York’s highest court, removed the heightened requirement set by the lower courts for a party requesting the production of social media posts...more
• The Florida Supreme Court has reversed a decision of the Florida Second District Court of Appeal and held that an analysis of a medical malpractice claim sent by an attorney to an external medical review company in...more
The Holding - In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice...more
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
Last Friday, I wrote about one of the docketed appeals in Wynn Resorts, Limited v. Eight Jud. Dist. Ct., 41 Nev. Adv. Op. 52 (2017). Today’s post concerns the other docketed appeal in that case. This appeal addressed...more
The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal...more
The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more
An appellate court ordered a trial court judge to reconsider his order that e-mails to and from the San Diego city attorney’s personal account be released publicly. The League of California Cities argued that e-mails between...more
Rhode Island has long honored the late Professor Robert B. Kent’s teachings on civil procedure, including his opinions concerning depositions. In keeping with Professor Kent’s teachings, Rhode Island courts take the position...more
In United States ex rel. Barko v. Halliburton Co. et al., a qui tam suit we previously covered, the District of Columbia Circuit Court of Appeals once again ruled that defense contractor KBR Inc.’s internal investigation...more
On August 11, 2015, the U.S. Court of Appeals for the D.C. Circuit issued a writ of mandamus supporting the robust applicability of the attorney-client privilege and attorney work product doctrines in the context of False...more
For the second time in just over a year, the DC Circuit granted the extraordinary remedy of a writ of mandamus to protect a company’s assertion of privilege over materials relating to an internal investigation. In a...more
In In re Kellogg Brown & Root, Inc., et al., No. 14-5319 (D.C. Cir. August 11, 2015), the Court reversed a district court’s ruling that KBR waived these protections by using materials created in the course of a privileged...more
In the ongoing saga which has been the subject of a previous post on this blog, a three-judge panel of the D.C. Circuit Court of Appeals has once again found that the district court erred in ordering the production of the...more
On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision in In re: Kellogg Brown & Root, Inc., an important ruling which confirms the application of the attorney-client...more
The attorney-client privilege broadly applies to communications made for the purpose of obtaining or providing legal advice. However, what if an internal investigation has multiple purposes, some of which are to provide legal...more
Government contractors and other companies subject to internal investigation requirements won some relief from the United States Court of Appeals for the D.C. Circuit on June 26 with a decision that firmly reiterated that...more
In This Issue: - Court of Appeals of the State of Washington: Bad Faith Damages May Exceed the Amount of a Reasonable Covenant - Southern District of Mississippi: Insurer Providing Coverage Opinion to Insured...more
Are communications between attorneys and their retained experts discoverable? For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision “creat[ing] a...more