News & Analysis as of

Motion to Compel Privilege Waivers Attorney-Client Privilege

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

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

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2017

The eighth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2017

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

K&L Gates LLP

Uncertain Privilege: Implied Waiver of the Attorney-Client Privilege in False Claims Act Litigation

K&L Gates LLP on

In a pending False Claims Act (“FCA”) case stemming from alleged violations of the physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, and the federal Anti-Kickback Statute (“AKS”), 42 U.S.C. §1320a-7b, the...more

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