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McGuireWoods LLP

Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part II

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Last week’s Privilege Point noted that some federal courts erroneously apply their host state’s substantive privilege law rather than properly applying their host state’s choice of law rules — which might result in another...more

McGuireWoods LLP

Source and Choice of Privilege Law in Federal Courts: Part II

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Last week's Privilege Point summarized a California federal court decision confirming that California recognizes its privilege in a statute, but then inexplicitly acknowledging that courts can themselves create exceptions....more

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Choice of Laws Analyses Can Be Dispositive

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Although most jurisdictions agree on many basic privilege issues, some important variations remain. The most important involves a few states' rejection of the majority Upjohn v. United States, 449 U.S. 383 (1981) rule...more

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Two Decisions Issued the Same Day Highlight Choice of Laws Issues: Part II

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Last week's Privilege Point described a Maine case applying the narrow pre-Upjohn "control group" standard for corporate communications. Harris Mgmt., Inc. v. Coulombe, 2016 ME 166, ---A.3d---. Illinois is by far the largest...more

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