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Work-Product Doctrine Fiduciary Duty

McGuireWoods LLP

Court Issues a Double-Barreled Rejection of Litigants’ Common Interest Doctrine Claims

McGuireWoods LLP on

The common interest doctrine can sometimes protect as privileged communications between separately represented clients. But litigants seeking the doctrine’s protection face many hurdles and often fail....more

Tucker Arensberg, P.C.

Fiduciary Exception to Attorney-Client Privilege is Alive and Well in Pennsylvania (For Now)

Tucker Arensberg, P.C. on

On May 23, 2022, the Superior Court of Pennsylvania held that the fiduciary exception to the attorney-client privilege and attorney work product doctrine is consistent with Pennsylvania law. This ruling was highly anticipated...more

Morris James LLP

Chancery Denies Derivative Plaintiff’s Motion to Compel Work Product Prepared by Oracle’s Special Litigation Committee

Morris James LLP on

In re Oracle Corp. Derivative Litig., C.A. No. 2017-0337-SG (Del. Ch. July 9, 2020) - After investigating certain potential derivative claims arising out of Oracle Corporation’s acquisition of NetSuite, Inc., and after...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

Rivkin Radler LLP on

United States District Court Orders Insured To Produce Certain Pre-Litigation Documents But Not Others Deemed Work Product 99 Wall sued Allied World seeking coverage under a property policy for water losses at 99 Wall’s...more

Winstead PC

Texas Court Grants Mandamus Relief To Protect A Trustee’s Attorney-Client Communications From Being Disclosed To A Beneficiary

Winstead PC on

In In re Alexander, a beneficiary filed suit against the trustee based on multiple allegations of breach of fiduciary duty, including an allegation that the trustee attempted to transfer the trustee position to successors in...more

Allen Matkins

Does Disclosure Of Results Of Internal Investigation Constitute Subject Matter Waiver?

Allen Matkins on

Last Friday, I wrote about one of the docketed appeals in Wynn Resorts, Limited v. Eight Jud. Dist. Ct., 41 Nev. Adv. Op. 52 (2017). Today’s post concerns the other docketed appeal in that case. This appeal addressed...more

Butler Snow LLP

The Tennessee Business Court Tackles Privilege Claims

Butler Snow LLP on

The Tennessee Business Court has provided additional guidance to commercial litigators concerning internecine legal battles between members of limited liability companies. The Court has determined the fiduciary duties of...more

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