LexisNexis® Legal Newsroom
California: Privilege Issues In Workers’ Compensation Cases

Your Protections Generally speaking there is very little that is not discoverable by a party to a litigated California Workers’ Compensation case. The theory is that open discovery with “all cards on the table” for both sides will promote more agreements and less litigation. Open...

Williams Mullen E-Discovery Alert: Why Document Review Is Broken

By Bennett B. Borden, Monica McCarroll, Mark Cordover & Sam Strickland The review of documents for responsiveness and privilege is widely perceived as the most expensive aspect of conducting litigation in the information age. Over the last several years, we have focused on determining why that is...

California: Depositions, Anyone?

By Robert G. Rassp, Esq. Recently, a defense attorney took the deposition of an Applicant who had filed two claims – an admitted specific injury and a denied cumulative trauma case. The deposition itself went smoothly (no one overtly lied about anything) but at the end of the deposition, the...

Williams Mullen E-Discovery And Information Governance Team: A Cautionary Tale For All Litigators And A Must Read For Virginia Attorneys

B y Bennett B. Borden and Monica McCarroll Judge Payne's Opinion in ePlus Inc. v. Lawson Software, Inc. is a "must-read" for all attorneys practicing in the E.D. Va. and a cautionary tale for all litigators. Judge Payne provides a primer as to what privilege is, when it can be asserted...

California: The Right to Discovery vs. Privacy and Privilege

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to her arms & neck ending on January...

California: The Right to Discovery vs. Privacy and Privilege

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to her arms & neck ending on January...

Troutman Sanders LLP: Federal Circuit Orders Production of License Negotiation Documents in Patent Litigation

By Dabney Carr A patentee's settlement negotiations with other parties can be very important information to an accused infringer, and plaintiff-patentees will typically fight to avoid disclosure of those negotiations. In a ruling of first impression earlier today, the Federal Circuit granted...

Fitch, Even, Tabin & Flannery LLP: Federal Circuit Finds Settlement Negotiations Not Privileged

By Shane Delsman In a decision dated April 9, 2012, in In re MSTG, Inc ., the Federal Circuit held that settlement negotiations related to reasonable royalty and damages calculations are not privileged. The court first determined that Federal Circuit law applied, reasoning that the "issue...

Williams Mullen: Are You Sure You Want Those Documents? Then You Might Have To Pay For Reviewing Them

W.D. Va. Explicitly Holds that Courts May Consider the Cost of Reviewing Electronically-Stored Information for Privilege in Assessing Burden of Production and May Shift Cost to Requesting Party Based on Burden; Encourages Cooperation in Developing Privilege Review Protocols By Bennett B. Borden, Monica...

Ninth Circuit Oral Argument on Act of Production Doctrine

The Record, a California legal publication, reports on oral argument in a case involved the act of production doctrine which says, in effect, that although the contents of documents may not be privileged, a witness under compulsion to produce the documents via subpoena or summons still has a Fifth Amendment...

Privilege Under SOX in a PCAOB Inspection of an Audit Firm

The Public Company Accounting Board or PCAOB was created under the Sarbanes Oxley Act of 2002. Under the SEC, the board is charged with overseeing the audit of public companies that are subject to the securities laws to protect investors. As part of those protections the PCAOB is empowered to conduct...

This Week In Securities Litigation (Week ending October 19, 2012)

Significant events this week included the proposal by the SEC of additional swaps rules regarding security-based swap dealers and major participants. Enforcement settled a "suspicious trading" insider trading action with a Hong Kong based entity while initiating a case against an investment...

Predictive Coding: A Primer

By Amy Jane Longo and Usama Kahf [Editor's Note: Amy Longo is a partner at O'Melveny & Myers LLP and a member of the Firm's Financial Services and Electronic Discovery and Document Retention Practices. Usama Kahf is an associate and a member of the Firm's Labor and Employment Pratice...

William A. Ruskin: Preserving The Attorney-Client Privilege For In-House Counsel

By William A. Ruskin Courts impose on corporate entities the burden of demonstrating that communications and documents shared with in-house counsel are protected by the attorney-client privilege. When companies cannot satisfy this burden, courts have ordered production of emails involving legal counsel...

Fifth Amendment and Immunity in Congressional Hearings

Since the Darrell Issa witch hunt is back in the news regarding Lois Lerner's invocation of her Fifth Amendment [ enhanced version available to lexis.com subscribers ] privilege, I thought I would remind readers of the following blog entry earlier when this nonsense flared up. Invoking the Fifth...

Landmark Decision for Attorney-Client Privilege: Internal Investigations No Longer Protected?

The federal district court in the District of Columbia has issued a groundbreaking decision that held that documents created during a government contractor’s own internal investigation—conducted under the oversight but not direct supervision of the company’s legal department—are...

California Workers' Comp Case Roundup (6/14/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Is Attorney-Client Privilege Affected By Who Pays Counsel Fees?

By Elizabeth Daniels After receiving great interest from our “Fiduciary Exception to the Attorney-Client Privilege” article , we provide this follow-up article to address a possible “exception to the exception” that may still protect documents between a fiduciary and attorney...

New York Appellate Court Finds for TransCanada in Discovery Dispute with Insurance Companies

New York, NY (August 5, 2014) -- The Appellate Division of the Supreme Court of New York, First Department reaffirmed on July 31, [ enhanced version available to lexis.com subscribers ], that several insurance companies providing insurance coverage to TransCanada cannot claim attorney-client privilege...

Troutman Sanders LLP: Breaking the Seal: Does Using Third-Party eDiscovery Vendors Raise Privilege and Work Product Issues?

We’re not breaking news when we tell you that the exponential growth of electronic documents generated by clients has complicated the discovery process. Reducing this massive volume of information down to the relevant information needed to resolve a dispute requires the use of technology for collecting...

U.S. Court of Appeals Decision Sets Parameters on Attorney-Client Privilege in Relation to Government Contracting

The United States Court of Appeals for the District of Columbia Circuit vacated a District Court decision that placed at risk sensitive, attorney-client privileged communications related to internal investigations concerning the work of government contractors. On June 27 th , in In re Kellogg Brown &...

Confidential Folder

Opinion-aided: Courts Granting Policyholders Access To Outside Coverage Counsel’s Opinion Letters

There have been several decisions of late, from courts across the country, addressing whether a policyholder, in coverage litigation, is entitled to discover the coverage opinions (lower case) prepared for an insurer by its outside coverage counsel. Of course not, you say. An insurer’s coverage...

Are Attorney-Expert Communications Discoverable in Pennsylvania? (Almost Never) – Some Clarity from the Appellate Courts

By Donald Kaufman and Kelly Martin * In Pennsylvania, testifying experts usually are not deposed before trial; typically, their written reports are provided in advance of trial and delineate the substance and scope of their testimony. Attorneys often wish to communicate with their client's...

Warning To NY Litigators − What Privilege Attaches To Pre-Litigation Attorney Statements? NY Appeals Court Answers: Qualified

By Richard F. Hans , Andrew L. Deutsch , and Cherelle I. Glimp New York law has long recognized that attorneys who make defamatory statements in connection with an existing litigation enjoy an absolute privilege against claims for libel and slander. Whether such a privilege extends to statements...