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Privileged Communication Litigation Strategies

Proskauer - Minding Your Business

AI Got It Wrong, Doesn’t Mean We Are Right: Practical Considerations for the Use of Generative AI for Commercial Litigators

Picture this: You’ve just been retained by a new client who has been named as a defendant in a complex commercial litigation. While the client has solid grounds to be dismissed from the case at an early stage via a...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

Copo Strategies + Law Firm Editorial Service

The five dysfunctions of a litigation communications strategy

There is no doubt that high-stakes litigation is a team sport. Among myriad experts that come to the table for the client, litigation communications professionals are becoming more essential than ever. To help manage the...more

Lighthouse

Why Your Data is Key to Reducing Risk and Increasing Efficiency During Investigations and Litigation

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Handling large volumes of data during an investigation or litigation can be anxiety-inducing for legal teams. Corporate datasets can become a minefield of sensitive, privileged, and proprietary information that legal teams...more

Epstein Becker & Green

Dual Purpose Communication – Why It Is Important for In-House Counsel, Litigators, and All Attorneys to Understand

On January 9, 2023, the Supreme Court held oral arguments on a significant issue regarding the application of the attorney-client privilege in a case called In re Grand Jury, Docket No. 21-1397, 598 U.S. ___ (2023). In re...more

Reveal

How Outside Counsel Can Improve Cooperation With In-House Counsel in 2023

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Outside counsel is an integral part of the legal industry. Sometimes companies hire law firms to handle the entirety of a legal issue or dispute, while other times they retain outside counsel only for specific questions or...more

Hogan Lovells

Supreme Court grants certiorari to resolve attorney-client privilege circuit split

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The Supreme Court this week granted certiorari on an attorney-client privilege issue that is likely to impact in-house lawyers, litigators, and business attorneys across the country....more

Proskauer - California Employment Law

House of Cards: What Employers Can Learn From Kevin Spacey’s Alleged Missteps

Kevin Spacey’s legal troubles have taken a costly turn as the production companies behind Netflix’s House of Cards recently asked a California court to confirm an arbitration award of almost $31 million against Spacey for...more

BCLP

High Court upholds privilege claim, despite “deceptive” litigation tactics

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A recent High Court appeal decision in Ahuja Investments Limited v (1) Victorygame Limited and (2) Surjit Singh Pandher has permitted a creative, yet deceptive, litigation strategy by a claimant seeking to withhold...more

Butler Snow LLP

Really? I Shouldn’t Bring My BFF to My Lawyer’s Office?

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The Pagliara divorce has given us much to talk about. In “Sex, Lies, (Drugs) and Videotape … and Malicious Prosecution”, we discussed the dismissal of Husband’s malicious prosecution claims against Wife’s former divorce...more

Weintraub Tobin

No Privilege Extended to Communications With Public Relations Consultant

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Social media has become part of our daily lives. Information is routinely disseminated in the public sphere via Facebook, Twitter, Instagram and other social media outlets. It is therefore no surprise that we often see high...more

Kramer Levin Naftalis & Frankel LLP

UK Court of Appeal Extends Privilege in Internal Investigations

Brief Comments on The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006....more

Moore & Van Allen PLLC

Protection for Investigation Materials Remains in the Eye of the Beholder

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One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be...more

Hogan Lovells

Privilege Overview

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Any recorded communication (for example: e-mails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in a subsequent legal dispute or...more

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