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...
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...
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...