News & Analysis as of

Attorney-Client Privilege Motion to Compel

Association of Certified E-Discovery...

Still Using General Objections? See How One Party’s Use Led to Waiver

This week, we’re delving into the post-2015 landscape of discovery objections and the critical lessons from Bocock v. Innovate Corp., a case that serves as a stark reminder of the perils of general objections and the...more

ArentFox Schiff

Illinois Appellate Court Declines to Extend Crime-Fraud Exception To Defamation Claims

ArentFox Schiff on

Allegations of defamation and conspiracy to defame alone are insufficient to establish the crime-fraud exception and defeat the attorney-client privilege, the Illinois Appellate Court recently held. In MacDonald v....more

Morris James LLP

Chancery Finds Wholly Generic Objections to Discovery Requests Result in Waiver and Fee-Shifting

Morris James LLP on

Bocock v. Innovate Corp., C.A. No. 2021-0224-PAF (Del. Ch. Dec. 6, 2023) - In this recent letter opinion, Vice Chancellor Fioravanti considered whether the plaintiffs’ failure to provide specific objections to discovery...more

Association of Certified E-Discovery...

Privilege Logs and In-Camera Review

[Editor’s Note: This article has been republished with permission. It was originally published November 9, 2023 on the eDiscovery Assistant Blog] This week’s decision comes to us from the case titled 6340 NB LLC v. Cap. One,...more

Carlton Fields

District of Illinois Directs Insurer to Supplement Record to Support Privilege Based on “Common Interest Doctrine”

Carlton Fields on

In Ansur America Insurance Co. v. Borland, the U.S. District Court for the Southern District of Illinois addressed a discovery dispute involving claims brought by Ansur America Insurance Co. against the law firm Ansur...more

Farrell Fritz, P.C.

Pitfalls for Corporate Counsel in Business Divorce Disputes

Farrell Fritz, P.C. on

No corporate lawyer wants to get drawn into a nasty litigation between an entity’s owners. But the reality is that corporate and general counsel often find themselves unwittingly ensnared in business divorce cases. Sometimes...more

Faegre Drinker Biddle & Reath LLP

Supreme Court to Resolve Three-Way Circuit Split Involving Attorney-Client Privilege

For the first time in 25 years, the U.S. Supreme Court is considering the scope of the attorney-client privilege in the case In re Grand Jury, No. 21-1397. The Court heard oral arguments earlier this week about when the...more

King & Spalding

Cooperation Credit and Attorney-Client Privilege: The Implications of Coburn

King & Spalding on

Cognizant Technology’s Privilege Waiver - On February 1, 2022, the District of New Jersey ordered a company to produce internal investigation materials to two former executives indicted in connection with an alleged foreign...more

Proskauer - Minding Your Business

The Sound of “Silent Attorneys”: DOJ Alleges Google Fakes Attorney-Client Privilege by CCing Lawyers Who Never Respond

If a request for legal advice goes unanswered, is it really a request for legal advice? According to the U.S. Department of Justice and several state attorneys general (“DOJ Plaintiffs”) in an antitrust action against...more

Vinson & Elkins LLP

Inside Baseball on Privilege Waiver: the Los Angeles Angels’ Recent Win Over Federal Prosecutors Serves a Welcome Reminder to...

Vinson & Elkins LLP on

In a high-profile dispute between federal prosecutors and the Los Angeles Angels relating to criminal charges filed in the aftermath of a tragic overdose and death of an Angels pitcher, the government went on the offensive...more

Proskauer - Minding Your Business

NY Court Re-Affirms Privilege Protection for Personal Emails Sent by Law Firm Partner on Firm Email Account

Citing new deposition testimony, actor Justin Theroux in a recent motion asked the New York Supreme Court to reconsider its December 2020 denial of Theroux’s motion to compel production of emails that his neighbor, Norman...more

Morris James LLP

Chancery Declines to Order Production of Privileged Document

Morris James LLP on

Drachman v. BioDelivery Sciences International, Inc., C.A. No. 2019-0728-LWW (Del. Ch. Aug. 25, 2021) - Drachman addresses the attorney-client privilege, certain exceptions thereto, including the Garner doctrine, and...more

Mintz - Privacy & Cybersecurity Viewpoints

Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case

Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine....more

Akin Gump Strauss Hauer & Feld LLP

Update: Protecting Privilege: Top 10 Checklist for Cybersecurity Forensic Investigation Reports

In ongoing multidistrict litigation concerning Capital One’s 2019 data breach, Capital One succeeded in defeating a motion to compel disclosure of a privileged root cause analysis conducted by PwC. In contrast to an earlier...more

Pillsbury Winthrop Shaw Pittman LLP

Privilege Logs in Contract Disputes Act Litigation: An Equal Obligation for Both Parties

A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants. Contractors and agencies must prepare...more

Proskauer - Minding Your Business

Beware the Privilege Waiver During Investor Due Diligence

As though commercial transactions were not already fraught with enough potential pitfalls, a recent decision from the Southern District of New York highlighted yet another risk that could carry significant consequences to...more

Kilpatrick

Risks of Waiving Privilege for Third Party Litigants When Producing Documents to the Government

Kilpatrick on

Waiver of privilege and particularly inadvertent waiver of privilege is always a concern in e-discovery when producing documents to an outside party. Not only may your current litigation be affected but waiver may also affect...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

Morris James LLP

Chancery Finds Party Waived Privilege When Documents Were Produced to FCC

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In re Straight Path Communications Inc. Consol. S’holder Litig., C.A. No. 2017-0486-SG (Del. Ch. June 15, 2020) - Plaintiffs brought a Motion to Compel seeking thirty-one documents withheld by Defendant on attorney-client...more

Troutman Pepper

Attorney-Client Privilege Does Not Pass to the Buyer in Asset Deal

Troutman Pepper on

A recent Delaware Court of Chancery decision confirms that, unlike in statutory mergers, the attorney-client privilege will remain with the target entity in an asset sale unless the attorney-client privilege is explicitly...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC v. RPM International — A Cautionary Case Study on the Limits of Attorney-Client Privilege and Work-Product Protection

While much of the corporate legal world has been focused on the effects of the COVID-19 pandemic, a little-noticed case working its way through the federal courts in Washington, D.C. threatens to whittle down the scope of...more

McGuireWoods LLP

Illinois Courts Deal With Privilege Presumptions: Part I

McGuireWoods LLP on

All courts agree that litigants asserting attorney-client privilege or work product protection must establish the protection's applicability. But courts take different positions on whether any presumptions guide their...more

Akin Gump Strauss Hauer & Feld LLP

Common Interest Doctrine and Attorney-Client Privilege Protect Distributor’s Email Communication with Defendant

In a January 14, 2020, order, the Northern District of Illinois granted in part and denied in part, a plaintiff’s motion to compel the production of documents withheld as privileged. The court found that an email between the...more

Butler Snow LLP

The Texas Multiple Personality Privilege: Privileged Communications with an Expert Witness Who is Also Your Client

Butler Snow LLP on

Over a decade ago, the Texas Supreme Court held that any document provided to a testifying expert in anticipation of her testimony must be disclosed to the other side, regardless of whether the expert relied on the document....more

Morris James LLP

Chancery Denies Director Access to Privileged Materials Involving Counsel to Preferred-Appointed Directors

Morris James LLP on

Gilmore v. Turvo, Inc., C.A. No. 2019-0472-JRS (Del. Ch. Aug. 19, 2019). As several Delaware decisions teach, each director, as a member of the larger deliberative body that is the board, has a fundamental right to access...more

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