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Cooley LLP

Law of Privilege: ‘Shareholder Rule’ Held to Be Unjustifiable

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In its decision last year in Aabar Holdings SARL v. Glencore PLC & Others, the High Court handed down a landmark ruling overturning the ‘shareholder rule’, which has been applied to the analysis of legal professional...more

Husch Blackwell LLP

Why a Sorority’s Interview Notes Didn’t Stay Private: Lessons in Legal Privilege

Husch Blackwell LLP on

Not everything stamped “privileged” is safe from prying eyes. The Pennsylvania Superior Court recently ruled that interview notes compiled by a sorority’s leadership after a tragic incident were not shielded by...more

Minerva26

Privilege Log, Privilege Log — It’s All About the Description

Minerva26 on

A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more

U.S. Legal Support

How to Choose a Record Retrieval Partner

U.S. Legal Support on

Record retrieval is an integral part of any legal case, giving attorneys access to accurate and up-to-date information on which to base their arguments. Preparing records for a case or legal matter requires carefully...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

U.S. Legal Support

Medical Records in Court Proceedings: Key Details

U.S. Legal Support on

Cases that touch on medical conditions and injuries require proving causality and calculating degrees of responsibility and compensation, often amidst a convoluted mix of events, timelines, treatments, comorbidities, and...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Three: Evidentiary Concerns

Hicks Johnson on

Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case,...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Two: Damages

Hicks Johnson on

As discussed in part one of this series, trade secret litigation presents a minefield of evidentiary challenges. But while the act of misappropriation is often simple enough to demonstrate, calculating the precise value of...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

Orrick - Trade Secrets Group

Mine Your Own Business: Multinational Mining Company Seeks Protection Of Alleged Trade Secrets During Discovery

Last week, multinational mining giant Rio Tinto asked a federal court in Manhattan to shield its document disclosures to the Securities and Exchange Commission (SEC) from the public eye....more

Burr & Forman

Physicians Must Be Cautious When Responding To A Subpoena or Request for Medical Records

Burr & Forman on

Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information....more

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