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Good Faith Attorney-Client Privilege

EDRM - Electronic Discovery Reference Model

What Happens When Parties Fail to Negotiate a Privilege Log in Good Faith?

In Kyle Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. 2024), the court wrote that it “would prefer this case not go to the dark place where attorneys on one side demand that the attorneys on the other side provide...more

Foley & Lardner LLP

District Court Allows Derivative Advice of Counsel in Support of Good Faith Defense

Foley & Lardner LLP on

On June 3, 2021, the Northern District of Texas ruled on a novel issue in U.S. v. Hagen (Case No. 3:19-CR-0146-B (N.D. Tex.)). In a health care fraud conspiracy case against DME suppliers, the court held that a good faith...more

Fox Rothschild LLP

Disclosure Of Attorney Client Communications And The “Good Faith” Defense: You Can’t Have Your Cake And Eat It!

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Often, attorneys advise clients on FLSA issues, such as exemption issues. Then, a lawsuit ensues and the employer may want to use the defense that it relied in good faith on its attorney’s advice. The potential problem that...more

Carlton Fields

Washington Federal Court Finds Attorney-Client Privilege Waived by Claims Handler’s Inadvertent Disclosure of In-House Counsel’s...

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A federal district court in Washington recently held that a claims handling mishap resulted in a waiver of the attorney-client privilege otherwise protecting a coverage opinion provided by the insurer’s internal legal...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights: The Delaware Edition - November 2019

This issue focuses on important, developing areas of Delaware corporation law and deal litigation, including recent trends in Delaware corporate disclosure law, the Delaware Supreme Court’s important ruling in Marchand v....more

Fisher Phillips

Healthcare Employers, Beware: HIPAA Whistleblowers Could Be (Legally) Leaking Protected Health Information

Fisher Phillips on

In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the...more

McDermott Will & Emery

Focus on Tax Controversy - December 2015

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IRS Updates Administrative Appeals Process for Cases Docketed in Tax Court - In Notice 2015-72, the Internal Revenue Service (IRS) provided a proposed revenue procedure to update Rev. Proc. 87-24, 1987-1 C.B. 720, which...more

McGuireWoods LLP

Does Asserting a "Good Faith" Affirmative Defense Waive the Attorney-Client Privilege?: Part II

McGuireWoods LLP on

Other courts take a different view. In Bacchi v. Massachusetts Mutual Life Insurance Co., defendant resisting a policyholder class action filed affirmative defenses "that it acted in good faith . . . and that its actions were...more

McGuireWoods LLP

Does Asserting a "Good Faith" Affirmative Defense Waive the Attorney-Client Privilege?: Part I

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As the most extreme example of an implied waiver, the "at issue" doctrine can waive privilege protection if a litigant affirmatively raises an issue that implicates privileged communications. Some courts hold that...more

Cozen O'Connor

A Good Faith Review of 2013

Cozen O'Connor on

With the arrival of the new year, many are applying the mantra “out with the old, in with the new.” Although this may be motivational for personal resolutions, it does not generally apply in the context of law as last year’s...more

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