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Common Law Privilege

EDRM - Electronic Discovery Reference Model

[Webinar] Public Access or Not: What Can and Cannot Be Protected from Disclosure in Litigation - June 18th, 1:00 pm - 2:00 pm ET

The clash between the public's “right to know” and the interest of parties in keeping information from the public is a recurring issue. This program will give an overview of “both sides” and will examine, among other things,...more

Conyers

Modified Universalism in the Context of Officeholder Sanction Applications

Conyers on

Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023) The BVI liquidation...more

McGuireWoods LLP

Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part I

McGuireWoods LLP on

Not surprisingly, federal courts handling federal question cases apply federal common law privilege principles (essentially textbook-type generic rules). Federal courts sitting in diversity cases must comply with Federal Rule...more

McGuireWoods LLP

Source and Choice of Privilege Law in Federal Courts: Part I

McGuireWoods LLP on

Lawyers dealing with attorney-client privilege questions obviously must assess what privilege law applies. Federal courts understandably apply federal privilege common law (essentially garden-variety principles) in federal...more

Morgan Lewis

Cross-Border Transactions Caught at the Crossroads: Navigating the Global Covid-19 Crisis through Force Majeure Provisions

Morgan Lewis on

The coronavirus (COVID-19) pandemic has had sweeping effects around the world, and in this era of globalization, business transactions that span multiple jurisdictions and markets have fallen prey to new and unexpected risks...more

Troutman Pepper

#MeToo and the Media

Troutman Pepper on

In the past year, allegations of sexual misconduct have regularly made headlines in top news outlets across the United States. The #MeToo movement has encouraged many individuals to make public the details of sometimes...more

Snell & Wilmer

Trademark Rights Based on Common Law or Federal Registration

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This article analyzes trademark rights depending on: (1) whether a user is relying on common-law rights or a federal trademark registration, (2) the effective date on which a user’s rights began, and (3) the geographical...more

Pullman & Comley, LLC

The Insurance Examination Privilege Just Became Important

Pullman & Comley, LLC on

When a U.S. insurance regulator investigates market conduct or financial solvency, its work is governed by a state law based on the NAIC Model Law on Examinations. Like the Model Law, all state laws strictly protect the...more

Jackson Walker

Steve Fogle Speaks: Neely II vs. McIlvain

Jackson Walker on

Since 1990, media law practitioners have cited the Texas Supreme Court's ruling in McIlvain v. Jacobs for the proposition that a media defendant's reporting of third–party allegations is substantially true if it accurately...more

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