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Privilege
S.D.N.Y. Issues Frightening Waiver Decision in Employment Case
Wise employment lawyers know that they should never be the decision makers when a client terminates an employee. Instead, those lawyers should be one of many inputs into the business person's decision to terminate.
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Court Addresses Privilege and Work Product Implications of Due Diligence in Corporate Acquisition – and Probably Gets It Wrong
An acquiring corporation normally conducts due diligence before acquiring an acquisition target. Not surprisingly, the acquiring corporation might seek privileged or work product protected documents or communications during such due diligence. At this due diligence stage, the acquiring company and the target are adversaries – so how do they avoid waiving those protections?
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Several Courts Deal With First-Party Insurance Work Product Issues
In first-party insurance scenarios, an insured seeks coverage directly from its insurance company for its losses (in contrast to third-party insurance, in which an insured seeks its insurance company’s help defending and paying for claims against the insured). Both types of insurance scenarios frequently involve work product protection issues.
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Increasing Storage Capacity and to Match Increased Energy Creation
McGuireWoods lawyers Brian Kelly, Michael Woodard and Emilie McNally discuss the economic and regulatory climate for renewable energy and how the Texas power grid failure, the pandemic and the Biden administration’s energy priorities affect the outlook.
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The Attorney-Client Privilege Obviously Protects Internal Law Firm Communications, Right?
The attorney-client privilege protects communications primarily motivated by clients' request for legal advice, and lawyers' response. Although old and absolute, the attorney-client privilege undeniably hampers the justice system's search for truth. So the protection is narrow and fragile.
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Florida Federal Court Mentions Two Ways the Work Product Doctrine Differs From the Attorney-Client Privilege
The ancient attorney-client privilege: (1) protects communications primarily motivated by clients' request for legal advice, regardless of any litigation on the horizon; and (2) protects such communications absolutely. The relatively new work product doctrine differs dramatically from the attorney-client privilege in those two ways (among many others).
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Privilege and Work Product Protection for Corporate Investigations After Clark Hill: Part IV
McGuireWoods partner, Thomas Spahn, picks up from his previous three Privilege Point articles that addressed a large law firm's failure to successfully assert privilege or work product protection for its own internal investigation into its own data breach.
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