All Articles
Privilege
The Fascinating Work Product Implications of Surveillance Videos
In his latest privilege point, McGuireWoods partner Thomas Spahn explains how lawyers representing insurance companies and others sometimes seek evidence that plaintiffs claiming injuries, disability, etc., are faking it.
Read More
Corporate Governance
The Next Generation of ESG Disclosure Consumers
Investors are increasingly applying environmental, social and governance factors in analyzing risk and growth opportunities. In this interview, McGuireWoods partners Aaron Flynn, Allison Wood and Katherine DeLuca discuss the growing demand for ESG disclosure and how disclosure requirements could change in the Biden administration.
Read MorePrivilege
Court Gets the Diversity Case Choice of Law Analysis Right: Part II
In his last privilege point, McGuireWoods partner Thomas Spahn described a wise Connecticut court's recognition that federal courts sitting in diversity should not automatically apply their host jurisdiction's privilege law — but instead apply their host jurisdiction's choice of law principles when determining applicable privilege law. Here, he picks up where he left off.
Read MorePrivilege
Court Gets the Diversity Case Choice of Law Analysis Right: Part I
As in other areas, a privilege analysis should always start with a choice of law assessment. In federal courts, federal common law governs federal question cases' privilege issues. In diversity cases, many federal courts reflexively apply their host jurisdiction's privilege law. This is wrong.
Read MorePrivilege
Copying a Lawyer on an Email Does Not Assure Privilege Protection, but That Lawyer Can Increase the Odds
Lawyers should remind their clients that copying a lawyer on an email does not automatically render the email privileged. But the story doesn't end there.
Read MorePrivilege
Can the Privilege Protect Documents Prepared by Someone Who Has Never Hired a Lawyer?
The attorney-client privilege protects communications between clients and their lawyers. But in certain admittedly limited circumstances, the protection can apply to documents created by someone who has not yet hired a lawyer.
Read MorePrivilege
Three Subject Matter Waiver Decisions Send Mixed Signals: Part III
Under general common law doctrine and Federal Rule of Evidence 502, courts normally hold that disclosing privileged communications only triggers a subject matter waiver if the disclosure seeks some advantage in court. But some courts find a subject matter waiver in broader circumstances.
Read More