News & Analysis as of

Privilege Waivers Privileged Documents

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: Maintaining Privilege Over Pay Equity Audits And Investigations

Seyfarth Shaw LLP on

Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of...more

McGuireWoods LLP

Are All Government Agencies Part of One “Client” for Privilege Purposes?

McGuireWoods LLP on

Courts take differing positions on the "client's" identity in the government setting. Among other things, such differing positions might affect the waiver implications of one government agency disclosing its privileged...more

McGuireWoods LLP

Delaware Federal and State Courts Disagree About a Key Privilege Waiver Issue

McGuireWoods LLP on

Under some arrangements, major shareholders appoint directors to companies those shareholders partially own. Does such a company waive its privilege by disclosing its privileged documents to a designating shareholder's...more

McGuireWoods LLP

Three Subject Matter Waiver Decisions Send Mixed Signals: Part I

McGuireWoods LLP on

Understandably based on fairness notions, the subject matter waiver doctrine prevents litigants from explicitly or impliedly using privileged communications as a "sword" while simultaneously asserting the privilege as a...more

A&O Shearman

Asserting what you did not discuss with your solicitor may waive privilege over what you did discuss

A&O Shearman on

A party may waive privilege not just by making positive assertions about its privileged communications but also negative assertions (ie what was not said in privileged communications). For there to be a waiver, the party has...more

McGuireWoods LLP

Southern District of New York Emphasizes the Sword-Shield Analogy in Analyzing Subject Matter Waivers

McGuireWoods LLP on

As if waiving privilege protection (either intentionally or inadvertently) was not frightening enough, the sinister subject matter waiver doctrine might force disclosure of additional privileged documents on the same topic....more

White & Case LLP

SL Claimants v Tesco: High Court clarifies the confidentiality of documents referred to in separate criminal proceedings

White & Case LLP on

In SL Claimants v Tesco Plc,1 the High Court considered a number of issues relating to disclosure during the fourth case management conference in those proceedings. Of particular interest to practitioners and parties to...more

White & Case LLP

Co-operation or Capitulation? – What the SFO Corporate Co-operation Guidance really means

White & Case LLP on

Is there a point at which co-operation becomes capitulation? Is there a danger inherent in co-operating without the guarantee of a favourable outcome for doing so?...more

Nutter McClennen & Fish LLP

Judge Kaplan Orders Return of Documents Inadvertently Produced

Ruling on a motion seeking the return of inadvertently produced privilege materials, Judge Kaplan elaborated on the meaning of “inadvertent” in the context of Massachusetts Rule of Civil Procedure 26(b)(5) and so-called...more

Blake, Cassels & Graydon LLP

Privileged Documents and Regulatory Investigations: When Does Waiver Come Into Play?

When a regulator comes knocking at your door, with an order compelling the production of documents, how should you treat communications between you and your lawyers? Are you required to produce privileged documents to the...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide