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Privilege
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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Courts Assess Protection for Lawyers’ Billing Entries: Part I
Winning litigation parties sometimes seek recovery of the money they spent on their lawyers — either as a damage element or under a fee-shifting legal doctrine or contract provision.
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Minnesota Recognizes the Common Interest Doctrine
Under the common interest doctrine, separately represented clients can avoid the normal waiver implications of sharing privileged communications by entering into a contractual arrangement.
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Musk-Twitter Feud Privilege Fallout: Part II
Last week's Privilege Point described a Delaware court's acknowledgment that the normal In re Asia Global Crossing, Ltd., 322 B.R. 247, 257 (Bankr. S.D.N.Y. 2005), standard does not apply to the world's wealthiest man. Four days later, Musk lost a privilege issue, under standard privilege log doctrine.
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Musk-Twitter Feud Privilege Fallout: Part I
Not surprisingly, the Musk-Twitter fast-track Delaware case generated privilege issues. One predictably recognized Musk's unique role in his varied revolutionary enterprises.
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