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Privileged Communication Work-Product Doctrine Privileged Documents

McGuireWoods LLP

When Can a Litigant Overcome the Adversary’s Fact Work Product Protection?

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Unlike the absolute attorney-client privilege (and the absolute or nearly absolute opinion work product doctrine protection), a litigant can overcome the adversary’s fact work product protection if it “shows that it has...more

Seyfarth Shaw LLP

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

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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

Southern District of California Applies the Sporck Doctrine

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In 1985, the Third Circuit protected as opinion work product a lawyer's "selection and compilation of [intrinsically unprotected] documents . . . in preparation for pretrial discovery." Sporck v. Peil, 759 F.2d 312, 316 (3d...more

McGuireWoods LLP

Court Addresses Privilege Protection for Litigation Holds

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Companies in or anticipating litigation normally impose litigation holds. If litigation ensues, does the attorney-client privilege or the work product doctrine protect the content of such a hold or the fact of its imposition?...more

McGuireWoods LLP

Northern District of Illinois Helpfully Explains The Work Product Doctrine Protection’s Contextual Basis

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As these Privilege Points have repeatedly emphasized, privilege protection depends on communications' content — which must be primarily motivated by a client's request for legal advice, or the lawyer's responsive provision of...more

McGuireWoods LLP

Does Disclosing Work Product Trigger a Subject Matter Waiver?

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Disclosing attorney-client privileged communications can trigger a subject matter waiver if made in a judicial setting to gain some advantage. This subject matter waiver danger reflects the classic "sword-shield" analogy with...more

Akin Gump Strauss Hauer & Feld LLP

Protecting Privilege: Top 10 Checklist for Cybersecurity Forensic Investigation Reports

- In ongoing multidistrict litigation concerning Capital One’s 2019 data breach, Capital One succeeded in defeating a motion to compel disclosure of a privileged root cause analysis conducted by PwC. - In contrast to an...more

McGuireWoods LLP

Can Former But Now-Adverse Corporate Employees Access Privileged Communications From Their Tenure At The Company?

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When former employees turn on their former employer, they sometimes seek access (through discovery) of privileged communications that were in their possession when they worked at the company. At first blush, that might seem...more

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