News & Analysis as of

Appeals Privileged Communication

Blake, Cassels & Graydon LLP

Alberta : Précisions sur la portée des demandes d’organismes de réglementation et la renonciation au secret professionnel

Dans la décision CNOOC Petroleum North America ULC v. ITP SA (la « décision »), la Cour d’appel de l’Alberta (« CAA ») a passé en revue les principes relatifs au privilège relatif au litige et à la renonciation à ce privilège...more

Blake, Cassels & Graydon LLP

Comply with Demands by Regulators and “Waive” Goodbye to Privilege? New Alberta Guidance on Scope of Regulatory Requests

In CNOOC Petroleum North America ULC v. ITP SA (Decision), the Alberta Court of Appeal (ABCA) revisited the principles of privilege and waiver of privilege in the context of two reports that arose from an internal...more

Pullman & Comley, LLC

Voluntary Disclosure of a Communication with Counsel: The CT Appellate Court Recognizes “Subject Matter” Waiver

Pullman & Comley, LLC on

Accordingly, we hold that the voluntary disclosure of a privileged attorney-client communication constitutes a waiver of the privilege as to all other communications concerning the same subject matter when the trial court...more

Spilman Thomas & Battle, PLLC

Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to North Carolina Courts on How...

The Court of Appeals of North Carolina's decision in Crosmun v. The Trustees of Fayetteville Technical Community College, ___ N.C. App. ___, 832 S.E.2d 223 (2019) provides much needed guidance to North Carolina courts on how...more

White & Case LLP

Ahead of the pack: US M&A 2019: Key dealmaking decisions from Delaware and New York

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We focus on two H2 2019 rulings that could affect M&A transactions in the future. Genuine Parts: Acceptance of termination fee does not prevent further remedies - In September 2019, the Delaware Chancery Court refused to...more

White & Case LLP

BGC v Tradition: Court of Appeal continues to limit the scope of privilege in relation to settlements

White & Case LLP on

Following the decision in WH Holding Limited and West Ham United Football Club Limited v E20 Stadium LLP, the Court of Appeal has recently considered the application of litigation privilege (and without prejudice privilege)...more

White & Case LLP

Defying gravity: US M&A H1 2019: Three key M&A decisions from Delaware courts

White & Case LLP on

The first half of 2019 saw several decisions from the Delaware courts that will affect M&A dealmaking - Aruba: Supreme Court awards "deal price less synergies" in closely watched appraisal case - Rejecting the Chancery...more

Weintraub Tobin

No Privilege Extended to Communications With Public Relations Consultant

Weintraub Tobin on

Social media has become part of our daily lives. Information is routinely disseminated in the public sphere via Facebook, Twitter, Instagram and other social media outlets. It is therefore no surprise that we often see high...more

Best Best & Krieger LLP

Attorney-Client Privilege Successfully Argued by City in PRA Case - California Appellate Court Decision Says Even a Judge Can’t...

A recent California appellate court decision underscores the sanctity of the attorney-client privilege — holding that even an in camera review of claimed privileged communications is not permitted. This applies even though a...more

White & Case LLP

Managing the Tension – the protection of privilege in a company audit

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The recent case of Financial Reporting Council Limited v Sports Direct International Plc1 serves as a reminder of the tension between companies wishing to protect privileged information and auditors receiving and relying upon...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - January 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more

Kramer Levin Naftalis & Frankel LLP

UK Court of Appeal Extends Privilege in Internal Investigations

Brief Comments on The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006....more

Bennett Jones LLP

Bumpy Landing Ends Competition Commissioner’s Privilege Claim

Bennett Jones LLP on

A unique and expansive privilege asserted for many years by the Commissioner of Competition has come back down to Earth with a bumpy landing....more

Proskauer - Minding Your Business

Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged

If one party in a lawsuit merely identifies documents on a privilege log without detail, does the other party bear the burden of showing that the withheld materials were not privileged, in order get access to those documents?...more

Farella Braun + Martel LLP

Revenge of the Whistle-blower: Possible Consequences of Compliance Failures

In a company with a robust compliance culture, potential whistleblowers can express their concerns without fear of retribution. By contrast, the penalty for a culture that silences whistleblowers just got steeper. Companies...more

Holland & Knight LLP

Florida Supreme Court: Federal PSQIA Does Not Pre-empt State's Constitution

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In Charles v. Southern Baptist Hospital of Florida, Inc., published on Jan. 31, 2017, the Florida Supreme Court held that the federal Patient Safety and Quality Improvement Act (PSQIA) is not and was never intended to be a...more

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