All Articles

Privilege

Dartmouth Strikes Out on Privilege Claim for Email Threads

Courts analyzing privilege assertions for email threads often look for some indicia of that protection on the face of those emails. Thomas Spahn, partner with McGuireWoods, offers insight in his latest Privilege Point.

Read More

Privilege

Some Courts Require Privilege Logs to Include Goofy Data

Although the Federal Rules do not explicitly require privilege logs, every court seems to do so. Most courts require such logs to include predictable data, but some courts require logs to provide data that seem largely irrelevant.

Read More

Privilege

Court Applies the General Rule Finding a Privilege Waiver When Clients Disclose Privileged Communications to Public Relations Consultants

One of the most dangerous misperceptions among corporate clients is that disclosing privileged communications to such friendly outsiders as public relations consultants does not waive privilege protection as long as there is a confidentiality agreement in place. A steady stream of cases have rejected that approach, yet large corporate clients and sophisticated law firms continue to rely on that mistaken view.

Read More

Insurance Coverage & Recovery

Before the Deluge: Courts Weigh COVID-19 Insurance Coverage Disputes

Matthew D. Fender, a litigator who focuses his practice on representing policyholders in insurance recovery disputes, discusses an array of COVID-19 issues and claims, including a recent federal case in which the court concluded that the coverage trigger “physical loss or damage” is satisfied by the presence of novel coronavirus on surfaces.

Read More

Privilege

Delaware Court Provides Transactional and Practical Guidance: Part II

In his previous Privilege Point, McGuireWoods partner, Thomas Spahn, described a Delaware Chancery Court’s analysis of pre-closing privileged transactional documents in: (1) a stock sale (in which the statutory “default” position is that the buyer acquires those documents, unless the seller explicitly negotiates their exclusion); and (2) an asset sale (in which the seller retains ownership of those, unless the buyer explicitly negotiates for their transfer). Here, he picks up where he left off.

Read More

Privilege

Delaware Court Provides Transactional and Practical Guidance: Part I

Corporate stock and asset sale transactions necessarily implicate ownership of: (1) ordinary day-to-day privileged communications about environmental matters, labor matters, etc., and (2) privileged communications about the transactions themselves. Buyers and sellers normally agree that the buyer should receive the first type, but disputes frequently arise about the second type.

Read More

What Investment Advisers and Broker-Dealers Should Expect After the First Wave of COVID-19

With the confluence of our current global health and economic crises, these are unprecedented times. As we witnessed in the post-2008 financial crisis world, frauds, Ponzi schemes, and misconduct, undertaken by those who wanted to take advantage of the crisis, come to light.

Read More