News & Analysis as of

Discovery Litigation Privilege

Nutter McClennen & Fish LLP

Massachusetts Court Rejects Attorney General Healey’s Attempt to Shield Identities of Uber and Lyft Drivers Under Investigatory...

Judge Krupp, sitting in the Massachusetts Business Litigation Session, granted Uber’s motion to compel documents containing the identities of drivers who shared information with the Attorney General about their work for Uber...more

A&O Shearman

High Court holds no litigation privilege where expert used as “ballast in the correspondence”

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Expert advice on the pricing of forward freight agreements, used to “make good any legitimate grievance” and “add ballast” in correspondence concerning alleged corporate mismanagement, was not covered by litigation privilege...more

BCLP

High Court upholds privilege claim, despite “deceptive” litigation tactics

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A recent High Court appeal decision in Ahuja Investments Limited v (1) Victorygame Limited and (2) Surjit Singh Pandher has permitted a creative, yet deceptive, litigation strategy by a claimant seeking to withhold...more

Latham & Watkins LLP

English Court Finds Litigation Privilege In Documents Obtained By Deception

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The ruling clarifies that a litigant can withhold disclosure of communications even if the other person was unaware that the communication was for a privileged purpose. In recent years, the English court has examined...more

Lighthouse

How Name Normalization Accelerates Privilege Review.

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One of the many challenges of electronic information and messaging rests in ascertaining the actual identity of the message creator or recipient. Even when only one name is associated with a specific document or...more

Holland & Knight LLP

Dismissal Denied in California DTSA Case Involving Production of Alleged Trade Secret Documents in Discovery

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The U.S. District Court for the Central District of California recently denied a motion to dismiss a claim brought under the Defend Trade Secrets Act (DTSA). In Falcon Woods, LLC v. Gooding & Co., Case No. 2:20-cv-02226-SVW,...more

WilmerHale

Making Privilege Whole Again: Alternative Facts or a Restatement of Principle?

WilmerHale on

On 5 September the Court of Appeal handed down its judgment in the long-awaited, and much discussed, case of SFO v ENRC. Justice Andrews’ ruling in the lower court, which rejected ENRC’s claim to litigation privilege, had...more

Eversheds Sutherland (US) LLP

UK Court of Appeals upholds litigation privilege for internal investigation documents

In a much-anticipated appellate decision, the Court of Appeal of England and Wales has clarified English law regarding litigation privilege applicable to internal investigations, which has significant implications for US...more

Latham & Watkins LLP

Internal Investigations Protected By Privilege Once More?

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English Court of Appeal Reaffirms Privilege Over Internal Investigation Documents Prepared in Contemplation of Litigation - In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for...more

King & Spalding

UK Court Takes a “Realistic” and “Commercial” Approach to Litigation Privilege in the Context of Internal Investigations

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In a judgment handed down at the end of 2017, but only recently released, the High Court in London has determined - in Bilta (UK) Ltd v RBS - that interviews held with employees in preparation of a report intended to deter a...more

A&O Shearman

High Court Rules That Litigation Privilege Can Apply in Respect of Internal Investigations

A&O Shearman on

In Bilta (UK) Ltd (in Liquidation) & Ors v Royal Bank of Scotland plc and Mercuria Energy Europe Trading Limited [2017] EWCH 3535 (Ch) (“Bilta v RBS”), the High Court upheld RBS’s claim of litigation privilege over documents...more

Carlton Fields

Insurer’s Attempt To Shield Documents From Discovery Through Assertion Of The Mediation Privilege And A Relevancy Objection Is...

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In a breach of contract and bad faith case emanating from an insurer’s refusal to settle an underlying case within policy limits, the insurer was unsuccessful in its attempt to protect documents from discovery by assertion of...more

Hogan Lovells

Privilege Overview

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Any recorded communication (for example: e-mails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in a subsequent legal dispute or...more

Skadden, Arps, Slate, Meagher & Flom LLP

English Court Questions the Application of Litigation Privilege in Criminal Investigations

On 8 May 2017, the English High Court of Justice handed down judgment in The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd,1 which could significantly limit the application of litigation...more

Akin Gump Strauss Hauer & Feld LLP

Is Your Privilege On Target? Lessons in Protecting Privilege from the Target Data Breach

The Target data breach has been the source of countless discussions of what to do and what not to do following a data breach. A recent ruling from the federal district court overseeing the consumer class action provides...more

Blake, Cassels & Graydon LLP

Alberta Judgment a Strong Reminder to Exercise Caution When Claiming Litigation Privilege Protection

The Alberta Court of Queen’s Bench recently released its decision in TransAlta Corporation v. Market Surveillance Administrator (TransAlta v. MSA), ordering TransAlta Corporation (TransAlta) to produce hundreds of documents...more

Melito & Adolfsen

In Front, Inc. v. Khalil, NY Court of Appeals refuses to extend absolute immunity from defamation claims accorded litigation...

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Answering the open question of whether pre-litigation communications by attorneys are entitled to the same absolute privilege from defamation claims as litigation communications, the Court of Appeals has just held that they...more

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