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Privilege
Does Disclosure During Settlement Negotiations Waive Work Product Protection?
For obvious reasons, the law encourages settlements. During settlement negotiations, participants may be tempted to disclose work product-protected documents or intangible communications.
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What’s the Deal With “Intangible” Work Product? Part II
Last week’s Privilege Point explained that nearly every court extends work product protection beyond the “documents and tangible things” specified in Fed. R. Civ. P. 26(b)(3) and understandably mentioned in a recent Southern District of New York decision.
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What’s the Deal With “Intangible” Work Product? Part I
The “work product” doctrine provides an entirely separate protection from the attorney-client privilege.
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Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part III
The last two Privilege Points have addressed some federal courts’ inexplicable application in diversity cases of their host states’ substantive privilege law rather than their host states’ choice of law rules.
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Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part II
Last week’s Privilege Point noted that some federal courts erroneously apply their host state’s substantive privilege law rather than properly applying their host state’s choice of law rules — which might result in another state’s privilege law applying.
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Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part I
Not surprisingly, federal courts handling federal question cases apply federal common law privilege principles (essentially textbook-type generic rules).
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Two Courts Address The Greatest Risks to Internal Corporate Communications' Privilege Protection: Part II
Last week’s Privilege Point described the illogical but scary Vioxx doctrine, which some courts apply to deny privilege protection ab initio to intra-corporate communications simultaneously seeking advice both from lawyers and non-lawyers.
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