News & Analysis as of

Disclosure Work-Product Doctrine

Marshall Dennehey

Federal District Court Finds Post-Incident Human Factors Review of Product Manual to Be Discoverable

Marshall Dennehey on

Martz v. Polaris Sales Inc., Case. No. 4:22-CV-01390, 2024 WL 199550 (M.D. Pa. Jan. 18, 2024) - In this product liability case, the plaintiff’s wife lost control of the ATV she was operating and died in a fatal accident. A...more

Jenner & Block

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product...

Jenner & Block on

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only ...more

Allen Matkins

SEC Suit Against Covington & Burling Threatens More Than Attorney-Client Privileged Information

Allen Matkins on

Yesterday, I wrote about the Securities and Exchange Commission's attempt to force the prominent law firm of Covington & Burling LLP.  In some discussions about the case, some have assumed that the concern is about...more

Butler Snow LLP

Company Cooperation Leads to Criminal Discovery

Butler Snow LLP on

When a company discovers that a crime may have been committed by individuals within the company, or is alerted by the government of that possibility, the company will often hire an outside law firm to conduct an internal...more

Jenner & Block

Privilege Newsletter: Fitting Consultants Within the Attorney-Client Privilege and Work Product Protection – Public Relations...

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In our last newsletter, we analyzed the reluctance of courts to apply privilege to the work of forensic computer consultants following data breaches. Here, we address often unavailing efforts to fit communications with...more

Mintz - Privacy & Cybersecurity Viewpoints

Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case

Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine....more

Jackson Lewis P.C.

New Jersey Addresses Rising Use Of E-Discovery With ‘Safe Harbor’ For Inadvertent Disclosures

Jackson Lewis P.C. on

Under an amendment to New Jersey Rule of Evidence (N.J.R.E.) 530 (Waiver of Privilege by Contract or Previous Disclosure), a “safe harbor” is available effective July 1, 2020, to clients and attorneys who inadvertently...more

Troutman Pepper

Protecting Privilege When Communicating With PR Consultants

Troutman Pepper on

In high-profile cases in 2001 and 2003, federal courts recognized exceptions to the third-party waiver rule for privileged communications shared with public relations (PR) consultants. Since then, courts have repeatedly been...more

Carlton Fields

New York Supreme Court Holds Documents Created By Counsel During Claims Handling Were Not Privileged

Carlton Fields on

Pharmavite LLC filed a statement of loss under a policy issued by Crum & Forster Specialty Insurance Co. Crum & Forster disclaimed coverage, and Pharmavite commenced an action for breach of contract and declaratory judgment....more

Troutman Pepper

Pennsylvania Expands Attorney Work-Product Protection for Disclosures to Third Parties

Troutman Pepper on

The Pennsylvania Supreme Court has adopted a new, expanded standard for preserving the protections of the attorney work-product doctrine, codified at Pennsylvania Rule of Civil Procedure 4003.3. This decision has implications...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2018

The 10th edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Jackson Lewis P.C.

Internal Investigation Report Prepared By Outside Counsel Entitled To Work Product Protection

Jackson Lewis P.C. on

In Lassiter v. Hidalgo Medical Services, No. 17-00850 (D. N.M. Apr. 18, 2018), a former employee sought to compel production of outside counsel’s reports and findings of an internal investigation into harassment claims. The...more

Mintz

Delaware District Court Finds No Work-Product or Common Legal Interest Protection for Certain Pre-Suit and Pre-Agreement Documents...

Mintz on

Recently, the District of Delaware held that a there was no work-product protection, and no common legal interest protection covering communications and documents shared between a patent owner and a third-party litigation...more

Dechert LLP

Federal Court Finds “Oral Downloads” to SEC Waived Attorney Work Product Protection

Dechert LLP on

U.S. Magistrate Judge Jonathan Goodman, in the Southern District of Florida, ruled last month that outside counsel’s “oral downloads” of internal investigation findings to the Staff of the Securities and Exchange Commission...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Considers Default Clawback Provisions for Confidentiality Stipulations

The advent of large electronic productions has propelled a proposal to adopt new language in the standard confidentiality order used in the Commercial Division. This proposal is designed to protect parties against...more

Patterson Belknap Webb & Tyler LLP

Privilege Waiver: Is Your File-Sharing Site a Public Park Bench?

While courts and the Federal Rules of Evidence take an increasingly pragmatic approach to the question of when inadvertent disclosure of privileged information results in waiver, a recent federal magistrate’s ruling serves as...more

Carlton Fields

New York Federal Court Holds That Audit Firm’s Review Of TPA Is Attorney Work Product

Carlton Fields on

In a case upon which we have reported on January 6, 2016, and November 24, 2015, a New York federal district court held that the work of an audit firm hired to review the billing practices of a third-party administrator...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - February 2016

This is the third edition of The E-Discovery Digest, a periodic publication on notable decisions relating to key discovery topics. It is designed to keep clients up to date on the evolving state of the law regarding discovery...more

McGuireWoods LLP

Decision Highlights a Key Difference Between Attorney-Client Privilege and Work Product Doctrine Protection

McGuireWoods LLP on

The attorney-client privilege provides absolute but fragile protection. In contrast, work product doctrine protection can be overcome — but offers more robust safety than the privilege. This distinction affects the impact of...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Proskauer - Government Contractor Compliance...

Internal Investigation Documents Are Protected from Disclosure in False Claims Act Case, D.C. Circuit Holds

Reversing a lower court decision, the D.C. Circuit recently concluded – for a second time – that certain internal audit documents are protected from disclosure by the attorney-client communication and work production...more

Mintz - Employment, Labor & Benefits...

NLRB Removes Blanket Exemption on Mandatory Disclosure for Witness Statements. What’s an Employer To Do?

The NLRB recently reversed 37 years of precedent in deciding to adopt a new standard for a union’s access to witness statements taken in pre-grievance arbitration employer investigations. For years, under the blanket...more

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