All Articles
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.
Read More
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.
Read More
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.
Read More
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.
Read MoreLegal Operations
TBT: Motivating A Team To Teach Me
In this #ThrowbackThursday interview from 2018, McGuireWoods Chairman Jon Harmon, a veteran of Desert Storm, discusses his reliance on “servant leadership.”
Read More
Privilege
Do Regular Attorney-Client Principles Apply in the Governmental Setting?
Courts' application of the attorney-client privilege to government lawyers' communications reflects the tension between the public interest in government transparency and the societal benefit of public officials and employees obtaining legal advice.
Read More
Privilege
Courts Apply the "Intensely Practical" Work Product Doctrine: Part II
Last week's Privilege Point described a court’s rejection of work product protection for a preprinted post-accident form with seemingly helpful boilerplate language about its purpose and a lawyer's involvement — but without any follow through.
Read More