In an attempt to facilitate capital raising, the SEC announced that it was expanding the ability of issuers to submit draft registration statements for confidential review by the staff. Historically, this procedure was mostly...more
On March 3, 2025, the staff of the U.S. Securities and Exchange Commission’s (the “SEC”) Division of Corporation Finance (the “SEC staff”) announced that, effective immediately, it is enhancing the accommodations available to...more
Last week’s Privilege Point described a court’s review of a lawyer’s conversation with a witness and its conclusion that none of the conversation deserved the heightened opinion work product protection. LaBudde v. Phoenix...more
Last week’s Privilege Point described a court’s initial rejection but later acceptance of a county’s claim of privilege and work product protection for internal employee training. Hipschman v. Cnty. of San Diego, Case No....more
This Freeman Law Insights blog provides a high-level overview of the public’s wide-reaching right to information under the Texas Public Information Act (formerly the Texas Open Records Act) as well as various statutory...more
When litigating high-profile cases, attorneys must tread carefully in handling confidential materials, especially when protective orders are in place. In Cahill v. Nike, Inc., an inadvertent disclosure by counsel to the press...more
A decision handed down by the French Court of Cassation may affect the scope of attorney-client privilege in France....more
In Orlando Health, Inc. v. HKS Architects, Inc., 2024 WL 4025379 (M.D. Fl. Sept. 3, 2024), the court denied an unopposed motion to enter a protective order and an unopposed motion to enter an ESI Protocol....more
Trade secret and contract claims often travel together. For example, a failed collaboration that involved the exchange of confidential information may result in the disclosing party alleging that the recipient both...more
The National Football League must pay more than $4.7 billion in class-action damages for overcharging subscribers of its “Sunday Ticket” telecasts, a California federal jury said on Thursday....more
A recent conversation I had raised a new concern surrounding the use of Generative AI that is worth talking through. Will using Generative AI tools violate obligations surrounding the storage and review of documents...more
We asked our global white collar crime team for their views on the key challenges in 2024 for in‑house investigations teams and white collar crime lawyers, and how to manage the associated risks. Here is what they said. ...more
Two-thirds of corporate counsel will bring work in-house next year to reduce costs: That’s the major takeaway from an industry survey from Everlaw and the Association of Corporate Counsel (ACC) released this fall....more
Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?...more
Deposition transcripts, like other pretrial discovery materials, do not become public records until they’re filed with the court. Before they are filed with the court, they routinely dwell in obscurity, shielded from public...more
Last week’s blog post looked at several reasons why litigators should approach generative artificial intelligence tools with caution. They have an unsettling capacity for error. Decisions made by automated tools can be biased...more
Surf’s Up Legacy Partners, LLC v. Virgin Fest, LLC, C.A. No. 19C-11-92 (Del. Super. June 6, 2022) - Delaware courts generally do not permit the redaction of non-responsive material that is otherwise not privileged....more
On October 8, 2021, after a preliminary injunction hearing held on September 28, 2021, Judge James O. Browning of the U.S. District Court for the District of New Mexico issued a 92-page opinion in which he found that the New...more
In Xyngular Corp. v. Schenkel, a shareholder and director suspected that his colleagues on the board of directors were engaging in improper self-dealing, so he asked an IT department employee to download documents disclosing...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Any party to litigation in court or before an arbitral tribunal will, at some point, likely need to produce documents. Before producing documents that contain sensitive information...more
Dear YouDig? We are a well-established and successful multi-national manufacturer. We sought to hire a certain specialty construction firm to be general contractor for several of our plant expansions. Well, we started...more
The U.S. Equal Employment Opportunity Commission (the “EEOC”) sued Yale New HavenHospital (“Yale Hospital” or the “Hospital”) on February 11, 2020, alleging the Hospital is in violation of the Age Discrimination in Employment...more
An employee is terminated, her laptop and phone seized. As she is escorted from the premises, Human Resources instructs her, in no uncertain terms, about company information: All internal company emails and other business...more
Helpful Privacy Tips When Working from Home - In today’s digital age we sometimes overlook the fact that hard copy documents still do exist. It is second nature to take for granted the physical security of those documents...more
The employee is terminated, and her laptop and phone seized. On being escorted from the premises, human resources admonishes that all internal company email and other business documents belong to the company, not her, to...more