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Attorney-Client Privilege State Law Claims

McGuireWoods LLP

Does Federal or State Privilege Law Apply When Federal Court Plaintiffs Assert Both Federal and State Law Claims?

McGuireWoods LLP on

In all cases, determining what privilege law applies should be near the top of every lawyer's to-do list. In federal question cases, federal courts apply federal privilege common law (essentially generic textbook privilege...more

McGuireWoods LLP

Does Federal or State Privilege Law Govern Pendent State Law Claims in Federal Question Cases?

McGuireWoods LLP on

Federal common law governs federal question case privilege issues. Federal courts sitting in diversity should look to their host jurisdiction’s choice of law rules when deciding which state’s privilege law applies. But what...more

Troutman Pepper

Protecting Privilege When Communicating With Contractors

Troutman Pepper on

As more businesses rely on independent contractors and specialists, the courts continue to define where those independent contractors fit for purposes of the attorney-client privilege. Here we discuss recent decisions...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

Zuckerman Spaeder LLP

Ex-General Counsel Dodged Privilege Claims Before $14.5 Million Verdict

Zuckerman Spaeder LLP on

In our last post, we detailed how Sanford Wadler, the former general counsel of Bio-Rad Laboratories, won a $14.5 million verdict against Bio-Rad. Before Wadler could get to a jury, however, he had to surmount a...more

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