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Privilege

Southern District of California Applies the Sporck Doctrine

In 1985, the Third Circuit protected as opinion work product a lawyer's "selection and compilation of [intrinsically unprotected] documents . . . in preparation for pretrial discovery."

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Privilege

Analyzing an Inadvertent Production’s Waiver Impact: What Does the “Inadvertent” Element Mean?

In federal court and in state courts following the same approach, Fed R. Evid. 502(b) sometimes allows claw backs if a privileged document's production was "inadvertent." That term could have several meanings — ranging from a mistaken legal analysis to accidental inclusion of the document in a production.

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Privilege

What Is the Scope of a Work Product Waiver in a Willful Patent Infringement Context?

Litigants accused of willful patent infringement sometimes rely on an "advice of counsel" defense. Interestingly, courts have recognized a distinction between such a defense in the privilege and the work product contexts.

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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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Privilege

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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Privilege

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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Legal Operations

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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