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Privilege
The Consequences of a Bad or Tardy Privilege Log
Every court seems to require litigants to log documents they withhold based on privilege or work product claims. Perhaps not surprisingly, hardly any log goes unchallenged by the adversary.
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How Do You Distinguish Between Lobbying Advice and Legal Advice?
Lawyers frequently act as lobbyists.
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Courts Deal With a Review of Privilege Rulings
In federal courts, it is nearly impossible to successfully file an interlocutory appeal of a trial court’s order requiring production of privileged documents — despite the obvious “cat out of the bag” nature of such rulings.
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Court Takes Expansive View of an Implied Waiver: Part II
Last week’s Privilege Point described an opinion requiring a corporate party’s witness to disclose communications with his Latham & Watkins lawyers, because he confirmed with that firm his own “commercial understanding” about a key document’s meaning.
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Court Takes Expansive View of an Implied Waiver: Part I
Unlike an intentional or unintentional express waiver involving actual disclosure of a privileged communication, a litigant can trigger an implied waiver by relying on the fact of such a privileged communication rather than its content.
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The Worrisome Nature of “Discovery About Discovery”
Aggressive plaintiffs sometimes try to generate a “side show” by challenging corporate defendants’ discovery responses (usually their document productions).
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Do Not Forget the Consequences of Judges’ Role in Assessing Privilege Protection
In both the federal and state judicial systems, judges assess privilege and work product protection claims — sometimes coordinating with judges at other levels. But there is a lurking unspoken risk that some lawyers may overlook.
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