News & Analysis as of

Attorney-Client Privilege FRCP 26

McGuireWoods LLP

Defendant’s Sloppy Language and Log Doom Work Product Claim

McGuireWoods LLP on

Fed. R. Civ. 26(b)(3)(A) protects from discovery documents and tangible things that are prepared in anticipation of litigation or for trial. Litigants asserting work product protection must (if called upon to do so) identify...more

Burns & Levinson LLP

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

Burns & Levinson LLP on

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

McGuireWoods LLP

Courts Debate Work Product Issues: Part II

McGuireWoods LLP on

Last week's Privilege Point addressed courts' varying views on whether work product protection can extend to a non-party's documents. Courts also disagree about the heightened opinion work product protection, under which a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Consultant Documents: Federal District Court Addresses Potential Application of Attorney-Client Privilege/Work...

The United States District Court (Western District of Oklahoma) addressed in a January 11th Order the potential application of the attorney-client privilege and work product doctrine to certain documents generated by...more

McGuireWoods LLP

Courts Use Rule Language and Common Sense to Expand Work Product Protection: Part II

McGuireWoods LLP on

Last week's Privilege Point explained that on its face the federal work product rule (and most states' parallel rules) provide heightened opinion work product protection to any client representative's opinions -- not just...more

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

Knobbe Martens

Fundamentals of Document and ESI Discovery

Knobbe Martens on

Preserving Evidence: •“The duty to preserve evidence begins when litigation is ‘pending or reasonably foreseeable.’” Micron Tech., Inc. v. Rambus, Inc., 645 F.3d 1311, 1320 (Fed. Cir. 2011) •“It is, of course, not...more

Butler Snow LLP

Stop giving away the store! Cases decided prior to the 2000 Amendment of F. R. Civ. P 26(b) do not define scope of discovery

Butler Snow LLP on

We observed previously that “reasonably calculated” does not define scope of discovery, and it never has. Rather, discovery is limited, by the plain terms of F. R. Civ. P. 26, to “nonprivileged matter that is relevant to any...more

8 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide