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Privilege
In Camera Reviews’ Process and Downside
Attorney-client privilege protection depends on content, and some work product claims also depend in part on content. Because a litigant's privilege log obviously does not disclose withheld documents' content, the adversary often seeks the court's in camera review of those withheld documents.
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FLSA Cases Raise Interesting Privilege Issues
In earlier times, litigants essentially trusted each other to withhold (without identifying) responsive documents protected by the attorney-client privilege or the work product doctrine. Now every court seems to require a privilege "log" listing the withheld documents (although the Federal Rules do not require such a "log").
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Court Provides Useful Guidance for Preparing a Defensible Privilege Log
In earlier times, litigants essentially trusted each other to withhold (without identifying) responsive documents protected by the attorney-client privilege or the work product doctrine. Now every court seems to require a privilege "log" listing the withheld documents (although the Federal Rules do not require such a "log").
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When and How to Work with an Expert Witness
Simon Hems, McGuireWoods partner in international dispute resolution, and Mark Thompson, founder of Epeus Consulting, share their experiences in conversation.
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Texas Courts' Contradictory Approach to the Common Interest Doctrine
The common interest doctrine sometimes allows separately represented clients to avoid the normal privilege waiver implications when sharing their privileged communications.
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Court Addresses Privilege Protection for Litigation Holds
Companies in or anticipating litigation normally impose litigation holds. If litigation ensues, does the attorney-client privilege or the work product doctrine protect the content of such a hold or the fact of its imposition?
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Courts Assess Protection for Lawyers’ Billing Entries: Part II
Last week's Privilege Point described courts' varied approaches to losing litigants' efforts to discover the winning lawyers' billing entries when the winners seek recovery of their attorney's fees.
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