Free Download: The Work Product Doctrine in the Delaware Court of Chancery

In Hickman v. Taylor, the United States Supreme Court recognized a qualified immunity from discovery of a lawyer's work product prepared in connection with litigation. The Delaware Court of Chancery has embraced the work product doctrine as enunciated by the Supreme Court in Hickman, and the doctrine...

Do Law Firms Have an In-House Privilege?

There is often a discussion about the retention of outside counsel to lead an investigation of alleged violations of the US Foreign Corrupt Practices Act (FCPA) so that the company may maintain the attorney-client privilege. But is there some other privilege which might be lurking in this relationship...

Are Search Terms Work Product?

Parties conduct electronic discovery often by using search terms or keywords to locate relevant information during litigation. With the advent of electronic discovery, courts must now answer the question of whether the search terms used in performing that electronic discovery are discoverable as...