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McGuireWoods LLP

How Does Work Product Protection Apply to Lawyers’ Witness Interview Notes? Two Courts Disagree on the Same Day: Part II

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Last week’s Privilege Point described a court’s review of a lawyer’s conversation with a witness and its conclusion that none of the conversation deserved the heightened opinion work product protection. LaBudde v. Phoenix...more

McGuireWoods LLP

Assessing Privilege Protection for Training Materials and Presentations: Part II

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Last week’s Privilege Point described a court’s initial rejection but later acceptance of a county’s claim of privilege and work product protection for internal employee training. Hipschman v. Cnty. of San Diego, Case No....more

Association of Certified E-Discovery...

How the Inadvertent Violation of a Protective Order Led to Sanctions Against Counsel

When litigating high-profile cases, attorneys must tread carefully in handling confidential materials, especially when protective orders are in place. In Cahill v. Nike, Inc., an inadvertent disclosure by counsel to the press...more

Array

As Corporate Counsel Look to Cut Costs, Here’s How You Can Prepare

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Two-thirds of corporate counsel will bring work in-house next year to reduce costs: That’s the major takeaway from an industry survey from Everlaw and the Association of Corporate Counsel (ACC) released this fall....more

Esquire Deposition Solutions, LLC

Keeping Deposition Transcripts Confidential in the Internet Age

Deposition transcripts, like other pretrial discovery materials, do not become public records until they’re filed with the court. Before they are filed with the court, they routinely dwell in obscurity, shielded from public...more

Seyfarth Shaw LLP

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

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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

Recent Trends in Books and Records Litigation

Recently, the frequency of stockholder demands to inspect corporate books and records pursuant to Section 220 of the Delaware General Corporation Law has increased. In turn, the case law concerning Section 220 demands is...more

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