News & Analysis as of

Attorney-Client Privilege Federal Rules of Civil Procedure

Wolf, Greenfield & Sacks, P.C.

Sued: What In-house Counsel Without Litigation Experience Need to Know - Preparing Your Inside Team

3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent...more

ArentFox Schiff

Look Before You Leap: Nine Fundamentals of Effective Subpoena Responses for Nonprofits and Associations

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Nonprofits and associations commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response....more

EDRM - Electronic Discovery Reference Model

Changing the Forum for a Motion to Quash a Subpoena

In Rullan v. Goden, 2024 WL 1191600 (D. Md. Mar. 20, 2024), the Hon. J. Mark Coulson construed a Fed.R.Civ.P. 45 motion to quash or modify a subpoena, which would have been heard in New York, as a Fed.R.Civ.P. 26(c) motion...more

EDRM - Electronic Discovery Reference Model

February’s Notable Cases and Events in E-Discovery

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: an order from the U.S. District Court for the Northern District of California requiring the Defendant to...more

Butler Snow LLP

Conducting A Prelitigation Investigation

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Litigation attorneys are constantly bombarded with news of trial victories and defeats – millions of dollars awarded in damages in one case while a defense verdict is achieved in another. Although some attorneys may read...more

Vinson & Elkins LLP

Reducing Costs of Privilege Review and Privilege Logging

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The difficulty of handling privilege disputes can be especially pronounced in cases involving a prolonged discovery period and large corporate defendants with different document custodians. When a party chooses to withhold...more

Proskauer Rose LLP

How To Navigate Claims Brought By 'Trust' Employees

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In a typical enterprise, most employees are hired to further the primary mission of the organization — whether providing goods and services, creating new products, engaging in sales and marketing, and so forth. ...more

Jackson Lewis P.C.

To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation

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Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement...more

Snell & Wilmer

The Apex Rule and Protecting Your Client’s Management Team When Conducting Deposition Discovery

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The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the...more

Womble Bond Dickinson

Dicey Application of Legal Privilege in Data Cases

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Certain information generated by your company, even the results of entire investigations, may be legally protected from exposure to people outside the company. While this seems like the holy grail to executives worried about...more

Vinson & Elkins LLP

Inside Baseball on Privilege Waiver: the Los Angeles Angels’ Recent Win Over Federal Prosecutors Serves a Welcome Reminder to...

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In a high-profile dispute between federal prosecutors and the Los Angeles Angels relating to criminal charges filed in the aftermath of a tragic overdose and death of an Angels pitcher, the government went on the offensive...more

Pillsbury Winthrop Shaw Pittman LLP

Privilege Logs in Contract Disputes Act Litigation: An Equal Obligation for Both Parties

A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants. Contractors and agencies must prepare...more

Farella Braun + Martel LLP

Protecting Your Internal Intellectual Property Investigation: Privilege and Work Product Under California and Federal Law

As California begins preparing to ease shelter-in-place restrictions, the state’s technology industry is facing the most challenging economic circumstances in recent memory. The state’s technology companies may place new...more

Wilson Sonsini Goodrich & Rosati

Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more

Nutter McClennen & Fish LLP

Judge Kaplan Orders Return of Documents Inadvertently Produced

Ruling on a motion seeking the return of inadvertently produced privilege materials, Judge Kaplan elaborated on the meaning of “inadvertent” in the context of Massachusetts Rule of Civil Procedure 26(b)(5) and so-called...more

Burns & Levinson LLP

Be Wary When Seeking to Protect Communications With the Work Product Privilege

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While the attorney-client privilege only protects confidential communications between an attorney and client that are for the purpose of giving or receiving legal advice, the work product doctrine, as codified in Fed. R. Civ....more

McManis Faulkner

Evidentiary Privileges in California And Federal Courts: A Brief Comparison [Part 4 of 5]

McManis Faulkner on

Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time,[1] other procedures are entirely distinct. As a matter of...more

Esquire Deposition Solutions, LLC

Avoid Inadequate Clawback Agreements with These Tips

Privileged documents are sometimes inadvertently disclosed to opposing parties during discovery and the litigation process, breaching attorney-client privileges and causing havoc for both defense and plaintiff counsels. To...more

Butler Snow LLP

Nonreporting Employee/Experts Beware: A Follow-up on Luminara Worldwide, LLC v. RAZ Imports, Inc.

Butler Snow LLP on

It has been more than one year since the case Luminara Worldwide, LLC v. RAZ Imports, Inc., 2016 WL 6774231, 2016 U.S. LEXIS 158183, (D. Minn. Nov. 15, 2016) became a popular topic for the defense bar. As a brief recap, the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Enforcement Litigation Update: Defendants Cannot Take Discovery of FERC’s Decision Not to Pursue Enforcement Cases Against...

One of the big Federal Energy Regulatory Commission (FERC) Enforcement litigation developments of the past two years has been the federal judiciary’s rejection of the agency’s “de novo review” position in electricity market...more

Latham & Watkins LLP

5 Tips to Avoid the In-House Expert Trap in the Federal Rules of Civil Procedure

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You are defending your client, a company engaged in complex scientific or technical work. As you head to trial, you have a tough decision to make. The client has employees and consultants with the knowledge and expertise to...more

McGuireWoods LLP

What Is "Litigation" for Work Product Protection Purposes?

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Fed. R. Civ. P. 26(b)(3) and its state counterparts protect from discovery "documents and tangible things that are prepared in anticipation of litigation." This obviously includes civil litigation. But what about other forms...more

Morrison & Foerster LLP

Aveta And The Use Of Confidential Info In FCA Cases

In a recent case in the District of Puerto Rico, United States ex rel. Valdez v. Aveta Inc., et al., No. 15-cv-01140-CCC (D.P.R.), the former president of Puerto Rican-based managed health care provider Aveta Inc., Jose...more

Jackson Lewis P.C.

Mine Accident Investigation Facts Not Subject to Attorney Privileges, ALJ Rules

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According to at least one administrative law judge, neither the work product privilege nor the attorney-client privilege allows an Arizona metal producer and its contractor to withhold factual information gathered during the...more

McGuireWoods LLP

Another Court Deals with Rule 30(b)(6) Depositions

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Under Fed. R. Civ. P. 30(b)(6), corporations must designate a witness to testify about the corporation's knowledge. Surprisingly few courts have reconciled this requirement with the common if not universal role that lawyers...more

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