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Morgan Lewis

Expert Testimony May Be Limited if ‘Confidential’ Information Is Withheld Under Section 6103

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Expert witnesses can be critical to defending a tax position—but what happens when an expert must maintain confidentiality over information that is important to their analysis? Preserving this confidentiality while ensuring a...more

Carlton Fields

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

Carlton Fields on

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

BCLP

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

BCLP on

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

Miles Mediation & Arbitration

Legal Malpractice Ideally Handled in Pre-Suit Mediation

The legal profession likes to present the façade of unwavering perfection, which is why an accusation of malpractice can be particularly unsettling for the attorney at whom it is lodged. These allegations can make a lawyer...more

McManis Faulkner

COVID-19 and Virtual Mediations

McManis Faulkner on

The COVID-19 pandemic has made family law attorneys value technology to better serve their clients’ needs. In-person mediations are not always an option, but virtual mediations with video conferencing are the best tool to...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

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

Seyfarth Shaw LLP

New York Court Issues Sanctions For Overuse of “Attorneys’ Eyes Only” Designations

Seyfarth Shaw LLP on

A recent decision from a New York state court should serve as a warning to parties litigating in New York: if you over-designate documents “Attorneys’ Eyes Only” in discovery, you face the risk of sanctions. The decision was...more

Skadden, Arps, Slate, Meagher & Flom LLP

Drafting International Dispute Resolution Clauses

On December 5, 2018, Skadden hosted the webinar “Drafting International Dispute Resolution Clauses.” Topics included the importance of dispute resolution clauses, choosing between litigation and arbitration, drafting...more

Dickinson Wright

Be Careful What and Who You Tell: Limitations on Defense Counsel Reporting

Dickinson Wright on

Almost 40 years ago the Arizona Supreme Court issued an opinion which has had a far-reaching impact on how insurance defense counsel report to the defending carrier....more

McGuireWoods LLP

Does the Shelton Standard Apply to In-House Lawyers?

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Nearly every court protects a litigant's lawyer from depositions or other discovery under what is called the Shelton standard ( Shelton v. American Motors Corp., 805 F.2d 1323 (8th Cir. 1986)) or under similarly restrictive...more

McGuireWoods LLP

Courts Assess Whether Client and Lawyer Agents are Inside or Outside Privilege Protection: Part II

McGuireWoods LLP on

Last week's Privilege Point discussed a court's consideration of privilege protection for communications with client and lawyer agents. Two weeks later, another court analyzed Debevoise & Plimpton's argument that the...more

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