News & Analysis as of

Qualified Privilege

Buckingham, Doolittle & Burroughs, LLC

Can I Sue the Media for Defamation?

Freedom of the press is a crucial component of the First Amendment of the Constitution and our society as a whole. While most media entities take the protections provided by the First Amendment seriously and do an excellent...more

K&L Gates LLP

Google Reviews - Qualified Privilege Defence Upheld in Defamation Claim

K&L Gates LLP on

The Victorian Supreme Court (the Court) recently upheld a statutory qualified privilege defence in novel circumstances. The defence was applied in respect of what were otherwise found to be defamatory Google reviews. This was...more

Steptoe & Johnson PLLC

Kentucky Supreme Court Unanimously Applies Quality Assurance Privilege To Malpractice Action

Steptoe & Johnson PLLC on

Kentucky long-term care facilities recently won a landmark victory at the Kentucky Supreme Court protecting certain documents created by or at the request of the Quality Assurance Committee from disclosure in litigation. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations

Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more

Latham & Watkins LLP

English Court of Appeal Rules on Privilege and Settlement Agreements

Latham & Watkins LLP on

The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants. In BGC Brokers LP & Ors v. Tradition UK & Ors, the English Court of...more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Issues Landmark Decision Preserving the Corporate Attorney-Client Privilege

Tucker Arensberg, P.C. on

On Wednesday, January 23, 2019, the Supreme Court of Pennsylvania rejected a “qualified” attorney-client privilege that would have changed the law in Pennsylvania governing the scope of the privilege. The qualified privilege...more

Nutter McClennen & Fish LLP

Writing for Law360, David C. Henderson Examines Employee Defamation Claims

David C. Henderson, a partner in Nutter’s Litigation Department, wrote an article about the complexities of defamation claims in Law360. In the article, “3 Key Points About Mass. Employee Defamation Claims,” David noted that...more

Proskauer - Corporate Defense and Disputes

Texas Supreme Court: Companies Shielded from Defamation Claims for Statements in Internal Investigation Reports

Last week, the Texas Supreme Court joined the majority of jurisdictions in holding that a company enjoys an absolute privilege when providing the Department of Justice (DOJ) with an internal investigation report containing...more

Melito & Adolfsen

In Front, Inc. v. Khalil, NY Court of Appeals refuses to extend absolute immunity from defamation claims accorded litigation...

Melito & Adolfsen on

Answering the open question of whether pre-litigation communications by attorneys are entitled to the same absolute privilege from defamation claims as litigation communications, the Court of Appeals has just held that they...more

Thomas Fox - Compliance Evangelist

Chamber of Commerce: Corporations Form the Cornerstone of FCPA Compliance

Recently one of the most unlikely sources for praise of the Foreign Corrupt Practices Act (FCPA) came out to inform us all that corporations are the cornerstone of FCPA compliance and enforcement. You may be surprised to find...more

Cozen O'Connor

New York Court Erodes Privilege for Attorney-Insurer Communications

Cozen O'Connor on

On July 31, 2014, the New York Supreme Court, Appellate Division, First Department chipped away at the privilege protections available to insurers. In National Union Fire Ins. Co. of Pittsburgh, Pennsylvania v. TransCanada...more

Brooks Pierce

Texas Court of Appeals Has Put Some FCPA Internal Investigations in an Awkward Spot

Brooks Pierce on

Given that this case was decided last summer, I can’t quite put the headline in the present tense. I’m slow to the draw on it, but I think it’s important. Last July, in Writt v. Shell Oil Co., 409 S.W.3d 59 (Tex. Ct. App....more

Littler

New Jersey Court Rules Individual Can Be Criminally Prosecuted for Taking Confidential Information to Support Civil Whistleblower...

Littler on

In 2010, the New Jersey Supreme Court created a qualified privilege for an employee taking documents to support an employment discrimination suit. However, this past December, in State of New Jersey v. Ivonne Saavedra, the...more

Sands Anderson PC

Virginia Supreme Court Clarifies the Law on Defamation

Sands Anderson PC on

On October 31, 2013, the Virginia Supreme Court published its opinion in Cashion v. Smith, et al. This opinion provides invaluable guidance on the elements of and defenses to defamation claims....more

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