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Crime-Fraud Exception Discovery

EDRM - Electronic Discovery Reference Model

The Standard for In Camera Review of Assertedly Privileged Documents

The purpose of a privilege log is to provide sufficient information for the recipient of the log to determine whether the withheld information is, at least on its face, privileged.  In short:  “Trust, but verify.”  See,...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Rejects the Crime-Fraud Exception in a Defamation Claim

James MacDonald vs. Sally Wagenmaker, et.al., 2024 IL App (1st) 230089 (March 1, 2024) - Brief Summary - An Illinois appellate court reversed a discovery order compelling the defendant law firm to produce privileged...more

Hogan Lovells

Third Circuit: crime-fraud exception can apply to attorney-client privilege in sham-litigation case

Hogan Lovells on

In a ruling with significant implications for companies facing sham-litigation claims, such as those that can arise in the Hatch-Waxman context for pharmaceutical manufacturers, the Third Circuit recently refused to vacate a...more

ArentFox Schiff

Crime-Fraud Exception to Attorney-Client Privilege Applies to Trump’s Attempt to Overturn Election

ArentFox Schiff on

A recent court ruling related to Donald Trump’s attempts to overturn the 2020 presidential election serves as an evergreen reminder that the attorney-client privilege and work product doctrine do not insulate documents and...more

Dorsey & Whitney LLP

Federal Magistrate Judge Tells Cautionary Tale About How Not to Conduct Discovery in Federal Court

Dorsey & Whitney LLP on

Earlier this month, a federal magistrate judge in the Eastern District of New York, Judge Lois Bloom, issued a report and recommendation (“R&R”) that the ultimate sanction of default judgment be entered against certain...more

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