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Work-Product Doctrine Attorney-Client Privilege Disclosure Requirements

Venable LLP

To Be or Not to Be...Discoverable: Third-Party Litigation Funders

Venable LLP on

Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?...more

ArentFox Schiff

Crime-Fraud Exception to Attorney-Client Privilege Applies to Trump’s Attempt to Overturn Election

ArentFox Schiff on

A recent court ruling related to Donald Trump’s attempts to overturn the 2020 presidential election serves as an evergreen reminder that the attorney-client privilege and work product doctrine do not insulate documents and...more

Brooks Pierce

North Carolina Business Court Ruling Could Impact the Ability of Businesses to Assert Attorney-Client Privilege Over...

Brooks Pierce on

A ruling issued by the North Carolina Business Court last month could have a significant impact on the ability of North Carolina companies and counsel to assert the attorney-client privilege over communications exchanged in...more

Faegre Drinker Biddle & Reath LLP

Disclosure Ordered of Data Breach Incident Response Report Prepared for Outside Counsel

On May 26, 2020, a United States Magistrate Judge in the Eastern District of Virginia ordered Capital One to disclose to class action plaintiffs a report prepared by Mandiant, a cyber forensics firm, for Capital One’s outside...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC v. RPM International — A Cautionary Case Study on the Limits of Attorney-Client Privilege and Work-Product Protection

While much of the corporate legal world has been focused on the effects of the COVID-19 pandemic, a little-noticed case working its way through the federal courts in Washington, D.C. threatens to whittle down the scope of...more

Troutman Pepper Locke

Protecting Communications From PR Privilege Issues

Troutman Pepper Locke on

Two recent cases in state appellate court show the risks of sharing privileged communications with public relations consultants. But they also provide practical guidance on how to protect the confidentiality of...more

Sheppard Mullin Richter & Hampton LLP

Court Broadens Confidentiality of Investigations - D.C. Circuit extends privilege in internal corporate probes, but inconsistent...

You are counsel to a government contractor that is conducting an internal investigation into possible fraud. Federal mandatory disclosure obligations require an investigation, as does the need to gather facts to seek legal...more

Eversheds Sutherland (US) LLP

U.S. District Court Orders Disclosure of Tax Accrual Workpapers, but Protects Opinion Work Product Information

On June 4, 2013, the U.S. District Court for the District of Minnesota held that certain information contained in tax accrual workpapers must be disclosed by the taxpayer pursuant to an Internal Revenue Service (IRS) summons,...more

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