News & Analysis as of

Litigation Privilege

UK Court of Appeal Grants ENRC Permission to Appeal Widely Criticised Privilege Ruling - and Law Society Seeks to Intervene

by Shearman & Sterling LLP on

On October 11, 2017, Eurasian Natural Resources Corporation was granted permission by the Court of Appeal to appeal the High Court's ruling articulating a significant restriction on the scope of legal professional privilege...more

Judicial Proceedings Privilege Allows Appeal

by Strasburger & Price, LLP on

The Fifth Circuit recently held that an interlocutory appeal may be taken of an order denying summary judgment based upon the judicial proceedings privilege. See Bancpass, Incorporated v. Highway Toll Administration, LLC, No....more

Privilege Overview

by Hogan Lovells on

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

Commercial Division Reprimands Lawyer for Misconduct in Deposition

On August 25, 2017, Justice Shirley Werner Kornreich of the New York Commercial Division entered an order reprimanding a high-profile lawyer, Mark Geragos, for misconduct during a deposition, including refusing to answer...more

Alberta's Highest Court Clarifies OHS Law: Privilege Must Be Proven

by Field Law on

With its decision this week in Alberta v. Suncor Energy Inc, 2017 ABCA 221, the Alberta Court of Appeal has considered and clarified the application of solicitor-client privilege and litigation privilege to incidents under...more

FCPA Digest - July 2017 - Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act

by Shearman & Sterling LLP on

Shearman & Sterling’s bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere, as well as helpful guidance on emerging best...more

Responding to environmental incidents?

by Dentons on

Will regulators be able to access all your documents? In March the Munich offices of international law firm Jones Day, were raided by prosecutors in the VW emissions investigation. This breach of the law firm citadel has...more

Navigating the Currents – Legal Privilege Under English Law

On 8 May 2017 the High Court in London applied a strict approach to litigation privilege in the context of self-reporting investigations. It is the first case in which a court has considered whether litigation privilege is...more

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

Who is the Client for the Purposes of Legal Advice Privilege? English High Court Confirms Narrow Scope of Legal Advice Privilege

A recent decision out of the English High Court narrows the scope of the legal advice privilege, which will have important implications for US companies that have ties to the UK. Please see full Alert below for more...more

ANDA Update - Volume 2, Number 2

by McDermott Will & Emery on

180-Day Notice Period for Biosimilar Approval Is Always Mandatory and Enforceable by Injunction - Amgen Inc., v. Apotex Inc., (Fed. Cir. July 5, 2016) - A year after analyzing the patent dance and notice...more

M&A Update: New York Court of Appeals Rejects Extension of Common Interest Privilege to Merger Talks

On June 9, 2016, a divided New York Court of Appeals in a much-anticipated ruling held that the attorney-client privilege can only be maintained for communications involving third parties in situations where litigation is...more

SDNY Determines Commissioner Of Insurance’s Report On Captive Insurer Is Not Privileged Under Montana Law

by Carlton Fields on

In a case of first impression, the Southern District of New York determined Montana Code § 33-28-108(3) did not mandate the Montana Commissioner of Insurance’s report on a captive insurer was privileged. The Code provision...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC38454 - In re Daniel N. AC36701 - State v. Adams - AC36701 Dissent - State v. Adams - AC37362 - Deutsche Bank National Trust Co. v. Thompson...more

Communications in Anticipation of Litigation Held Subject to California's Anti-SLAPP Statute

by Hinshaw & Culbertson LLP on

Plaintiff sued a co-defendant's lawyer for allegedly emailing her and obtaining privileged information to be used to defend against plaintiff's alleged claims. The appellate court affirmed the dismissal of plaintiff's claims...more

WIN Wise: Back to basics - Legal professional privilege

by DLA Piper on

The law of England and Wales recognises two main types of legal professional privilege: Legal advice privilege, and Litigation privilege. ...more

The FCA wades into the debate on privilege

by White & Case LLP on

In a speech on 5 November, the Financial Conduct Authority (“FCA”) criticized some firms for letting “legal privilege become an unnecessary barrier” in sharing the output of internal investigations with the FCA. The speech...more

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

Can the Privilege Ever Protect Historical Documents?

by McGuireWoods LLP on

The attorney-client privilege normally does not protect pre-existing historical documents, even if clients convey those to their lawyers. In the work product context, lawyers' selection of certain intrinsically unprotected...more

In Divorce Law, as in Life, Privileges Count

by Burns & Levinson LLP on

Hi there, Privileges in litigation are important tools they generally mean information can be withheld from the other side and the court because the privilege exists....more

Employer’s Action for Misappropriation of Trade Secrets Against Former In-House Counsel Who Engaged in Competitive Activities Not...

by Seyfarth Shaw LLP on

There are indeed limits to the reach of the anti-SLAPP statute, particularly in the trade secret context. In West Hills Research and Development, Inc. v. Terrence M. Wyles, a California appellate court ruled that engaging in...more

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

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

by Melito & Adolfsen on

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

Preservation of Legal Privilege in Corporate Investigations – A Cross Border Comparison

by Dechert LLP on

A D.C. Circuit decision (In re Kellogg Brown & Root, Inc.) has confirmed privilege over employee statements during in-house investigations. Can the world take comfort? This article examines privilege in the context of...more

Regulatory Proceedings and Litigation Privilege: ‘Zone of Privacy’ Bolstered in Alberta

by Bennett Jones LLP on

Litigation privilege applies to regulatory proceedings where the consequences of the proceedings are significant, and the privilege cannot be excluded by statute without express and clear language, the Alberta Court of Appeal...more

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