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Witness Statements Attorney-Client Privilege

Akin Gump Strauss Hauer & Feld LLP

Witness Testimony Regarding Intent to Infringe Excluded Because Defendant Refused Such Discovery Based on Privilege

The U.S. District Court for the District of Colorado granted a motion in limine to preclude testimony from corporate executives about their “business understanding” regarding infringement because the defendant previously...more

Latham & Watkins LLP

High Court Confirms Nuanced Approach to Waiver of Privilege

Latham & Watkins LLP on

A recent decision reminds litigants about the dangers of referring to legal advice in witness statements. The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is...more

Latham & Watkins LLP

Don’t Waive Privilege Goodbye: High Court Finds Reliance On Legal Communications Constitutes Waiver Of Privilege

Latham & Watkins LLP on

Litigants should take particular care when drafting witness statements to avoid waiving privilege. In Guest Supplies Intl Limited v South Place Hotel Limited, D&D London Limited[i], the UK High Court held that a reference...more

McGuireWoods LLP

Lawyers' Witness Interview Notes Can Deserve Opinion Work Product Protection

McGuireWoods LLP on

Litigants often seek to assert opinion work product protection for their litigation-related documents – because the opinion work product doctrine gives the documents absolute or nearly absolute protection. This contrasts with...more

Stinson LLP

When Nobody Knows the Answers: What to Do When a 30 (B)(6) Notice is Served on a Successor Corporation

Stinson LLP on

SUCCESSOR CORPORATION - Federal Rule of Civil Procedure 30(b)(6) allows a party to take the deposition of an organization by identifying the topics about which the party seeks information from the corporation. In...more

Adler Pollock & Sheehan P.C.

Rhode Island Supreme Court Addresses Deposition Conduct And Instructions Not To Answer

Rhode Island has long honored the late Professor Robert B. Kent’s teachings on civil procedure, including his opinions concerning depositions. In keeping with Professor Kent’s teachings, Rhode Island courts take the position...more

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