News & Analysis as of

Attorney Communications Discovery

Jackson Lewis P.C.

Defendants Have Conditional Access To Putative Class Members, Pennsylvania Federal Court Rules

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Communications with a party represented by another lawyer absent consent (sometimes called “blitzes”) are permitted in putative class actions, a federal court has ruled in a case brought under the Class Action Fairness Act...more

Jones Day

A Compelling Decision – Board Addresses Scope Of Work Product Protection

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In a series of IPR proceedings between Petitioner Adobe Inc. and Patent Owner RAH Color Technologies LLC, the Patent Trial and Appeal Board declined to extend attorney work product protection to deposition questions seeking...more

Akin Gump Strauss Hauer & Feld LLP

Prior Art That Was Considered but Not Relied Upon by an Expert is Fair Game for Discovery in IPRs

In inter partes review (IPR) proceedings of patents relating to printer technology, the Patent Trial and Appeal Board (PTAB) granted Patent Owner’s motion to compel testimony over Petitioner’s arguments that the information...more

Jones Day

Second Circuit Precludes Foreign Proceedings Discovery From U.S. Counsel

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This is a significant decision, given how often non-U.S. clients entrust U.S. law firms with their documents. On July 10, 2018, the U.S. Court of Appeals for the Second Circuit ruled that law firm Cravath need not divulge...more

Troutman Pepper

For Our Eyes Only: Understanding the Attorney-Client Privilege and Its Application to Banks

Troutman Pepper on

The attorney-client privilege is a rule of evidence that prevents the adverse party in a lawsuit from obtaining access to certain communications. If properly understood and wellmanaged, this privilege offers a useful tool for...more

Proskauer - Minding Your Business

The Most Overlooked Exception to Attorney-Client Privilege

In-house counsel often communicate with corporate management under the assumption that these communications are protected by the attorney-client privilege— absent some type of unusual and extraordinary circumstance, such as...more

Hinshaw & Culbertson LLP

Under California Law, Attorney Billing Statements Are Confidential Communications

In County of Los Angeles Board of Supervisors et al. v. The Superior Court of Los Angeles, 2015 DJDAR 4085, the California Court of Appeal for the Second District ruled that attorney invoices may be confidential...more

Cohen Seglias Pallas Greenhall & Furman PC

Update on Discoverability of Attorney-Expert Communications

On April 29, 2014 an evenly divided Pennsylvania Supreme Court in Barrick v. Holy Spirit Hospital upheld a lower court ruling holding that communications between a party’s attorney and a party’s expert witness are exempt from...more

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