Broadly speaking, the
attorney-client privilege protects communications between a client and an
attorney where the communications are intended to be and remain confidential.
The purpose of the privilege is "to foster the confidence of the
client and enable him to communicate without fear in...
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
structured its sale so that non-employee shareholders...
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 v. Bell , 2012 NCBC 42, the Judge went ahead...
Comverge, Inc., Shareholders Litigation , C.A. No. 7368-VCP (Del. Ch.
April 10, 2013) [ an enhanced version of this opinion is available to lexis.com
Issue Presented :
Whether the attorney-client privilege was a defense to a motion to compel
Short Answer : ...
Holdings LLC v. The Renco Group, Inc ., C.A. No. 7639-VCN (Del. Ch.
April 18, 2013). A prior Chancery decision in this case was highlighted on
at this link.
Issue Addressed :
Whether the attorney/client privilege and the work product doctrine are
defenses to a motion...
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...
It's been nearly ten years since the North Carolina
Supreme Court decided a case involving the attorney-client privilege.
That case was In re Miller , 357 N.C. 316, 584 S.E.2d 772 (2003) [ an enhanced version of this opinion is available to lexis.com
subscribers ], which raised the question whether...
A decision issued on March 6 by the U.S. District Court for the District of Columbia serves as a stark reminder that internal investigations must be carefully structured and executed to garner the protection of the attorney-client privilege and attorney work product doctrine, especially when non-attorneys...
Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW , Del. Supr., No. 614, 2013 (July 23, 2014) [an enhanced version of this opinion is available to lexis.com subscribers] .
This Delaware Supreme Court en banc opinion requires Wal-Mart to produce documents about an alleged...
There was enough worth talking about in Judge Bledsoe's opinion in National Financial Partners Corp. v. Ray , 2014 NCBC 49 , which I posted about yesterday , to warrant a second post [ an enhanced version of this opinion is available to lexis.com subscribers ].
What I didn't discuss yesterday...
There were two notable deaths over the weekend from the sports world. The first was Anthony Mason and the second Minnie Minoso. Today, we celebrate the life of Anthony Mason. Mason was a part of the Patrick Ewing-led New York Knicks who played against the Houston Rockets for the 1994 National Basketball...