Discovery, In Camera Review

Texas Court of Appeals Reaffirms Key Principles Concerning the Medical Peer Review Privilege

Seyfarth Shaw LLP on 9/28/2020

Introduction - A recent decision by a Texas Court of Appeals reaffirms several important principles regarding the medical peer review privilege: (1) communications arguably covered by the peer review privilege need not be...more

Can The Content Of My Privilege Log Jeopardize My Privilege Claim?

Farrell Fritz, P.C. on 8/21/2020

Rule 26(b)(5) of the Federal Rules of Civil Procedure provides that, when a party withholds information otherwise discoverable by claiming the information is privileged or subject to protection as trial-preparation material,...more

The E-Discovery Digest - March 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 3/3/2018

The ninth 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

Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged

Proskauer - Minding Your Business on 6/3/2017

If one party in a lawsuit merely identifies documents on a privilege log without detail, does the other party bear the burden of showing that the withheld materials were not privileged, in order get access to those documents?...more

"Third-Party Litigation Financing: Mandatory Disclosure on the Horizon?"

Skadden, Arps, Slate, Meagher & Flom LLP on 4/20/2017

The use of third-party litigation financing — generally defined as the funding of litigation activities by entities other than the parties themselves, their insurers or their counsel — continues to increase in the United...more

The Washington Supreme Court Holds That in First-Party Bad Faith Litigation There Is a Presumption of No Attorney-Client Privilege

Cozen O'Connor on 3/15/2013

When an insured sues an insurer for bad faith, how much of the claims file maintained by the insurer is discoverable? In a 5-4 decision, the Washington Supreme Court recently weakened insurers’ ability to protect confidential...more