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Litigation Privilege Business Litigation

Conyers

Discovery in Amalgamation Claims

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Bermuda appraisal proceedings are treated as a quasi‑inquisitorial process. The Court must appraise “fair value” and ensure that the valuation experts and the Court have all relevant material....more

Morrison & Foerster LLP

UK Litigation: 2025 Recap and 2026 Outlook

Morrison & Foerster LLP on

As we head into 2026, resolutions (however realistic) in hand, we look back at the key English court rulings of 2025 and the lessons they offer for businesses and practitioners alike. The past year saw important developments...more

Benesch

Jack Nicklaus’s $50M Redemption and The Limits of The Litigation Privilege

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On October 21, a jury in West Palm Beach awarded $50M to one of the most revered and recognizable players in professional golf history, Jack Nicklaus. The award compensated Nicklaus for harm done to his reputation as a result...more

BCLP

Understanding the Litigation Privilege

BCLP on

The litigation privilege insulates communications made by lawyers and their clients during, and in some circumstances, prior to judicial or quasi-judicial proceedings from defamation and other tort claims. ...more

Perkins Coie

The Purpose, A Purpose? Because of Litigation Concerns? Ninth Circuit Adopts Stringent Test for Dual-Purpose Communications

Perkins Coie on

When are communications with counsel that are for both legal advice and business purposes protected by the attorney-client privilege? From least to most stringent, courts have required that a communication be “because of”...more

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