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Internal Corporate Investigations May Deserve Work Product Protection If They Differ From The Corporation's Normal Procedures: Part II
The previous Privilege Point described a court's finding that the work product doctrine protected a corporation's investigation of a gender and age discrimination claim -- because the investigation was neither "routine nor ordinary." Heckman v. TransCanada USA Services, Inc., Civ. A. No. 3:18-CV-00375, 2020 U.S. Dist. LEXIS 7293 (S.D. Tex. Jan. 13, 2020). Here, pick up where it left off.
Read MoreCourts Agree That Historical Facts Do Not Deserve Privilege Protection, But What If Those Come From A Lawyer?
Historical facts do not deserve privilege protection – something either happened or it didn't happen. The attorney-client privilege protects communications about those facts. But surprisingly few courts have dealt with what would seem to be a common scenario – clients asked during a deposition about historical facts they obtained only from their lawyer.
Read MoreAnswering Clients’ Questions About COVID-19 Relief
When the coronavirus pandemic hit the U.S. in February, McGuireWoods swiftly established a Response Team to answer their clients’ most pressing business questions.
Read MoreInternal Corporate Investigations May Deserve Work Product Protection If They Differ From The Corporation's Normal Procedures: Part I
The work product doctrine can protect documents primarily motivated by a corporation's involvement in or reasonable anticipation of litigation. Documents created in the corporation's ordinary course of business normally will fail to satisfy this standard, as will documents motivated by some external or internal requirement. Thus, corporations asserting work product protection normally must show that the withheld documents are different in some way from what the corporations would normally create.
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Litigation | Patent
Analyzing the Panoply of Issues Swirling Around Life Sciences Patent Litigation
McGuireWoods partners Ben Hsing, Wanda French-Brown and Irene Hudson, a former patent examiner and two former pharmacists respectively, discuss recent trends driving increased ANDA and other patent litigation activity for life sciences companies.
Read MoreBanking
McGuireWoods and Bank of America Partner for Progress On Diversity & Inclusion
In an effort to elevate discussions surrounding diversity and inclusion in the legal department, McGuireWoods and Bank of America joined one another in what proved to be an inspiring event for all.
Read MoreData Analytics
Data Centers on the Rise
The rise of off-site data centers for the collection, storage and protection of business information is driven largely by greater awareness of the value of data and the risks of loss or theft. For those involved in this fast-growing business, it’s crucial to understand best practices and how to manage risks associated with data centers and collection.
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