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Privilege
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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Privilege
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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Privilege
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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Privilege
How Does the Common Interest Doctrine Work in the Intellectual Property Context?
Two recent intellectual property cases highlight courts' widely varying approaches to the common interest doctrine protection.
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Privilege
Defendant’s Sloppy Language and Log Doom Work Product Claim
Litigants asserting work product protection must (if called upon to do so) identify the exact moment when they first anticipated litigation, and consistently apply that date when withholding and logging documents.
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Privilege
Courts Address Work Product Protection for Non-Testifying Consulting Experts: Part II
Last week's Privilege Point summarized a case confirming non-testifying experts' general immunity from discovery — absent "exceptional circumstances" such as destructive testing. Ten days later, another court addressed discovery of what are called "dual hat" experts — providing both consulting advice and testimony.
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Privilege
Courts Address Work Product Protection for Non-Testifying Consulting Experts: Part I
Many courts address the discovery available from a litigant's testifying experts. Fewer courts assess discovery of a litigant's consultant retained to provide background expertise rather than testifying.
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