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Litigation Strategies Attorney-Client Privilege

Proskauer - Minding Your Business

AI Got It Wrong, Doesn’t Mean We Are Right: Practical Considerations for the Use of Generative AI for Commercial Litigators

Picture this: You’ve just been retained by a new client who has been named as a defendant in a complex commercial litigation. While the client has solid grounds to be dismissed from the case at an early stage via a...more

Robins Kaplan LLP

Unintended Consequences: Don’t Forget the Litigation Risks When Getting a Deal Done

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Transactional attorneys play a key strategic role in drafting essential documents, such as corporate formations and contracts, on behalf of corporate clients. With a client’s current needs at the forefront—often accompanied...more

Copo Strategies + Law Firm Editorial Service

The five dysfunctions of a litigation communications strategy

There is no doubt that high-stakes litigation is a team sport. Among myriad experts that come to the table for the client, litigation communications professionals are becoming more essential than ever. To help manage the...more

Butler Snow LLP

Conducting A Prelitigation Investigation

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Litigation attorneys are constantly bombarded with news of trial victories and defeats – millions of dollars awarded in damages in one case while a defense verdict is achieved in another. Although some attorneys may read...more

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

Miller & Martin PLLC

Batten the Hatches: Preparing for an Automotive Dispute

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Just as death and taxes are certainties in life, so too is litigation for many automotive companies. And while each case varies widely in terms of facts, law, parties, and forum, there are common points to consider in most...more

DRI

[Event] Insurance Coverage and Practice Symposium - November 29th - December 1st, New York, NY

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DRI's Insurance Coverage and Practice Symposium is the flagship educational and networking program for insurance executives, claims professionals, and outside counsel who specialize in insurance coverage. This year's...more

Carlton Fields

Joint-Defense and Common-Interest Agreements in Government Investigations: Best Practices for In-House Counsel to Retain Privilege...

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Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside...more

Fuerst Ittleman David & Joseph

Tort reform update: Florida passes comprehensive tort reform that has potential to fundamental alter civil litigation in Florida.

On March 24, 2023, Governor DeSantis signed into law House Bill 837, a comprehensive bill aimed at creating significant tort reform that has the potential to fundamentally alter civil litigation in Florida. HB 837 shortened...more

Epstein Becker & Green

Dual Purpose Communication – Why It Is Important for In-House Counsel, Litigators, and All Attorneys to Understand

On January 9, 2023, the Supreme Court held oral arguments on a significant issue regarding the application of the attorney-client privilege in a case called In re Grand Jury, Docket No. 21-1397, 598 U.S. ___ (2023). In re...more

Reveal

How Outside Counsel Can Improve Cooperation With In-House Counsel in 2023

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Outside counsel is an integral part of the legal industry. Sometimes companies hire law firms to handle the entirety of a legal issue or dispute, while other times they retain outside counsel only for specific questions or...more

Hogan Lovells

Supreme Court grants certiorari to resolve attorney-client privilege circuit split

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The Supreme Court this week granted certiorari on an attorney-client privilege issue that is likely to impact in-house lawyers, litigators, and business attorneys across the country....more

Jackson Lewis P.C.

To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation

Jackson Lewis P.C. on

Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement...more

Jenner & Block

Privilege Newsletter: Fitting Consultants Within the Attorney-Client Privilege and Work Product Protection – Public Relations...

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In our last newsletter, we analyzed the reluctance of courts to apply privilege to the work of forensic computer consultants following data breaches. Here, we address often unavailing efforts to fit communications with...more

Jenner & Block

Privilege Newsletter: Fitting Consultants Within the Attorney-Client Privilege and Work Product Protection – Cyber Breach...

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Cyber attacks are increasingly frequent and virulent. An intruder may lurk in a company’s computer system for years, or an attack may be sudden and catastrophic. Millions of people’s personal information and companies’...more

Nextpoint, Inc.

Ediscovery Checklist: How to Win the Rule 26(f) Meet and Confer

Nextpoint, Inc. on

Preparing for the Meet and Confer - Proper preparation and documentation during the Rule 26(f) meet and confer process will greatly improve efficiency in the ediscovery phase of your litigation....more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more

Proskauer - California Employment Law

House of Cards: What Employers Can Learn From Kevin Spacey’s Alleged Missteps

Kevin Spacey’s legal troubles have taken a costly turn as the production companies behind Netflix’s House of Cards recently asked a California court to confirm an arbitration award of almost $31 million against Spacey for...more

Esquire Deposition Solutions, LLC

Litigation Experts Encourage Wider Use of Privilege Protection Orders

Federal litigators aren’t taking sufficient advantage of 2008 amendments to Federal Rule of Evidence 502, which gives them the authority to obtain protective orders that can stem the damage from inadvertent disclosure of...more

Patterson Belknap Webb & Tyler LLP

Forensic Analysis and Privilege in the Wake of a Data Breach

In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The forensic analysis—which is often memorialized in a report to counsel—is crucial...more

Butler Snow LLP

Really? I Shouldn’t Bring My BFF to My Lawyer’s Office?

Butler Snow LLP on

The Pagliara divorce has given us much to talk about. In “Sex, Lies, (Drugs) and Videotape … and Malicious Prosecution”, we discussed the dismissal of Husband’s malicious prosecution claims against Wife’s former divorce...more

Proskauer - Minding Your Business

District Court Affirms Order Requiring Production of Cyber-Investigation Report after Considering Totality of Circumstances

As we previously reported, the Magistrate Judge in In re: Capital One Customer Data Security Breach Litigation, found that a forensic report that Capital One had claimed was protected by the privilege and work product...more

Proskauer - Minding Your Business

Maintaining Privilege and Work Product Protections in Dual Purpose (Legal and Business) Investigations

Requires More than Merely Adding Counsel’s Name to a Forensic Report. Technical investigations conducted following cyber-incidents often have both legal and ordinary-course business purposes. In certain jurisdictions,...more

Hogan Lovells

Protecting attorney work product in internal investigations: A cautionary tale

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On May 1, 2020, the D.C. Circuit denied RPM International’s petition for a writ of mandamus to vacate a district court order compelling disclosure of interview memoranda prepared by outside counsel to the Securities and...more

Skadden, Arps, Slate, Meagher & Flom LLP

COVID-19: How To Prepare for Potential Future Disputes

Pandemic-Related Uncertainty Means Business Decisions Will Be Highly Scrutinized - As the COVID-19 pandemic continues to develop, guiding a business through this time of immense crisis means making decisions that gravely...more

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