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Privilege
What Standard Applies to Courts’ Review of Special Masters’ Privilege Calls
In some cases involving voluminous or complicated privilege issues, courts rely on special masters to make the privilege calls.
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Seeking Attorney’s Fees Triggers Work Product Waiver Issues: Part II
Last week’s Privilege Point described two cases finding that successful plaintiffs had waived work product protection covering their invoices and other attorney’s fees billing documents because they sought attorney’s fees as an element of damages.
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Seeking Attorneys’ Fees Triggers Work Product Waiver Issues: Part I
Under what is called the American Rule, winning litigants normally pay their own attorneys’ fees. But in some situations, they can seek recovery of those fees from the losing adversary.
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