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Privileged Communication Federal Rules of Civil Procedure

EDRM - Electronic Discovery Reference Model

Discovery Rulings in Abrego-Garcia v. Noem Deportation Case

In Abrego-Garcia v. Noem, __ F.R.D. ___, 2025 WL 1166402 (D. Md. Apr. 22, 2025)(Xinis, J.), plaintiffs notified the Court of “seemingly intractable discovery disputes….”  The case is before the District Court after the United...more

McGuireWoods LLP

Court Confirms Basic Privilege Principles in Giving Princeton a Win

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Because litigants frequently take an aggressive approach when withholding documents on privilege grounds, courts’ in camera reviews often result in a loss for them. But sometimes courts agree with a litigant’s privilege...more

EDRM - Electronic Discovery Reference Model

Privilege Logs, Null Sets, Search Strings, and Number of Custodians in One Decision

The decision in Cook v. Meta Platforms, Inc., 2024 WL 251942 (N.D. Cal. Jan. 21, 2025), packs a lot into very few pages.  In two instances, where Meta had offered a compromise solution, the court held Meta to that offer....more

McGuireWoods LLP

When Can a Litigant Overcome the Adversary’s Fact Work Product Protection?

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Unlike the absolute attorney-client privilege (and the absolute or nearly absolute opinion work product doctrine protection), a litigant can overcome the adversary’s fact work product protection if it “shows that it has...more

EDRM - Electronic Discovery Reference Model

When is Failure to Provide a Timely Privilege Log Excusable?

In Melton Properties, LLC v. Ill. Central R. Co., 2024 WL 3015749 at *5 (N.D. Miss. June 14, 2024), the court listed the factors to consider in deciding when the failure to provide a timely privilege log is – or is not – a...more

Wolf, Greenfield & Sacks, P.C.

Sued: What In-house Counsel Without Litigation Experience Need to Know - Preparing Your Inside Team

3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent...more

Husch Blackwell LLP

A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in...

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Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?...more

Womble Bond Dickinson

Dicey Application of Legal Privilege in Data Cases

Womble Bond Dickinson on

Certain information generated by your company, even the results of entire investigations, may be legally protected from exposure to people outside the company. While this seems like the holy grail to executives worried about...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

Husch Blackwell LLP

Toxic Tort Monitor: New Missouri Discovery Rules

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Recently, the Missouri legislature passed Senate Bill 224 outlining a brand new set of discovery rules for Missouri state-court cases. These new rules represent a comprehensive revision to the existing rules and make the...more

Nutter McClennen & Fish LLP

Judge Kaplan Orders Return of Documents Inadvertently Produced

Ruling on a motion seeking the return of inadvertently produced privilege materials, Judge Kaplan elaborated on the meaning of “inadvertent” in the context of Massachusetts Rule of Civil Procedure 26(b)(5) and so-called...more

Holland & Hart - Health Law Blog

Utah Care-Review Privilege

Utah adopted a care-review privilege “to improve medical care by allowing health-care personnel to reduce morbidity or mortality and to provide information to evaluate and improve hospital and health care.” In January, the...more

Mintz - Intellectual Property Viewpoints

U.S. International Trade Commission Publishes Proposed Changes to Procedural Rules of Practice

The International Trade Commission proposed a series of new procedural rules, which were published in the Federal Register on September 24, 2015. This blog post provides a summary of the more notable proposed changes to the...more

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