Litigation

Recent Posts

To Define “Data Privacy,” You Will Need a Map, a Calendar and a Clock
Posted on 15 Mar 2013 by LexisNexis Litigation Resource Community Staff

What is "data privacy"? It is a lot like asking what "food" is. The answer depends on where you are, who you are, what time it is and how hungry you are. Breakfast in Japan often comprises miso soup, grilled fish and white rice. In... Read More

Troutman Sanders LLP: 'Waive'-ing Goodbye To Privilege Protection
Posted on 13 Nov 2012 by Troutman Sanders

The attorney-client and work product privileges are some of the oldest and most important evidentiary privileges in our legal system. The attorney-client privilege, in particular, is regarded by some as almost "sacred." Given their importance... Read More

In Landmark E-Discovery Decision For North Carolina, Judge Rules Attorney-Client Privilege Waived
Posted on 8 Aug 2012 by Mack Sperling

In a classic understatement, Judge Gale said in a North Carolina Business Court opinion last Thursday that " North Carolina case law addressing problems inherent in electronic discovery. . .is not yet well developed ." Op. ¶50. But in Blythe... Read More

Troutman Sanders LLP: 'Waive'-ing Goodbye to Privilege Protection
Posted on 29 Nov 2012 by Troutman Sanders

The attorney-client and work product privileges are some of the oldest and most important evidentiary privileges in our legal system. The attorney-client privilege, in particular, is regarded by some as almost "sacred." Given their importance... Read More

Free Aug. 14 CLE Webinar: Shrinking Attorney-Client Privilege For International In-House Counsel
Posted on 1 Aug 2012 by LexisNexis Litigation Resource Community Staff

On Aug. 14, a panel of experts including Yun Lee, Associate General Counsel, AIG, Michael Miller of Steptoe & Johnson LLP, and Gonzalo Zeballos of Baker & Hostetler LLP will discuss the topics below and more, as well as take your questions during... Read More

Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1
Posted on 23 Jul 2013 by Thomas H. Clarke, Jr.

By Thomas H. Clarke, Jr., and Lael D. Andara Knew or should have known, a standard often applied in a myriad of legal context, could soon be the one applied to attorneys who ignore the risks associated with communicating with clients using modern technologies... Read More

Ignorance Is Risk,: Response Options To NSA Monitoring Of Attorney-Client Communications, Part 2
Posted on 24 Jul 2013 by Thomas H. Clarke, Jr.

By Thomas H. Clarke, Jr., and Lael D. Andara Click here to read Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1 . Faced with the very real possibility that every keystroke, mouse click, image... Read More

Broadly Worded Defense In Company Sale Case Results In Waiver Of Attorney-Client, Work Product Privileges
Posted on 14 Oct 2011 by Mack Sperling

A broadly worded defense in a case challenging the sale of a company resulted in a waiver of the attorney-client and work product privileges last week, in Richardson v. Frontier Spinning Mills, Inc. Richardson claimed that the company had improperly... Read More

Absent 'Reasonable Precautions,' Inadvertently Produced E-mails Lose Attorney-Client Protection
Posted on 5 Mar 2013 by LexisNexis Litigation Resource Community Staff

In a tough "horse is out of the barn" ruling, a federal court in Ohio held that the unintentional release of 347 e-mails that had been exchanged among members of a corporate litigant's in-house legal team constitutes a waiver of attorney... Read More

DLA Piper LLP: Strategies For Helping To Preserve Attorney-Client, Work Product Privileges
Posted on 11 Jul 2012 by DLA Piper

By Kathy J. Owen The definition of attorney-client privilege is generally consistent across jurisdictions: (1) an attorney, (2) a client, (3) a communication, (4) confidentiality anticipated and preserved and (5) legal advice or assistance being the... Read More

DLA Piper LLP: Appeals Court Clarifies Attorney-Client, Work Product Privileges In Internal Investigation Context
Posted on 14 Aug 2015 by DLA Piper

By Jonathan W. Haray , Jeffrey D. Rotenberg and Lindsay R. Barnes In its latest review of the attorney-client and work product privileges in In re: Kellogg Brown & Root, Inc. (“ In re KBR ”), the US Court of Appeals for the DC Circuit... Read More

William A. Ruskin: Preserving The Attorney-Client Privilege For In-House Counsel
Posted on 13 Feb 2014 by William A. Ruskin

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... Read More

LexisNexis Presents A Complimentary CLE-Accredited Webinar: Attorney-Client Privilege In The Global Corporate Setting (Ethics)
Posted on 30 Oct 2012 by LexisNexis Litigation Resource Community Staff

For today's corporate attorneys and in-house counsel, being aware of differing rules of attorney-client privilege for various foreign jurisdictions is essential. Explore the definition of attorney-client privilege and privileged communication during... Read More

Duane Morris LLP: California Supreme Court Issues Key Ruling On Protection Of Witness Statements
Posted on 9 Aug 2012 by Duane Morris LLP

The California Supreme Court addressed vital issues related to attorney work-product protection for statements and interviews of independent witnesses in Coito v. Superior Court , Case No. S181712 (June 25, 2012) [ enhanced version available to lexis... Read More

In re Crescent Resources Shows Attorney-Client Privilege Not Always Absolute
Posted on 16 Aug 2011 by Stephen Sather

Attorneys are entrusted with a lot of sensitive information. The attorney-client privilege exists to allow clients to speak candidly with their attorneys. However, when the same attorney represents multiple parties, the privilege may not be so absolute... Read More