All Articles

Private Equity

Being an Independent Sponsor Doesn't Mean Going It Alone

  Jon Finger, partner at McGuireWoods, discusses the crucial role he and his private equity team play in a variety of corporate transactional matters, including connecting independent sponsors with capital partners that they might not have access to otherwise. CCBJ: You and the McGuireWoods...

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Transportation

How Plaintiffs Use Commercial Vehicle Regulations to Turn Simple Negligence Into Driver Malpractice

  Ashley Winsky of McGuireWoods discusses how to fend off claims by plaintiffs using federal safety regulations to up the ante on plain-vanilla negligence cases. CCBJ: What are the FMCSRs, and what requirements do they impose on commercial drivers? Ashley Winsky: FMCSR stands for Federal Motor...

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Automotive

Driverless Cars Crash Into the Trolley Problem

  Greg Walden of McGuireWoods looks to the 19th century to explain the 21st-century issues confronting the standards and risks surrounding autonomous vehicles. CCBJ: As driverless cars become a reality, what top legal concerns are keeping corporate counsel up at night? Greg Walden: They may...

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Career Development

As Clients Do More with Less, Firms Face Rising Expectations

J. Tracy Walker, managing partner of McGuireWoods, discusses giving up a hot trial practice for broader client horizons. CCBJ: You earned your bachelor’s degree in mechanical engineering. What led you to pursue a career in law? J. Tracy Walker IV: My dad wanted me to be an engineer, but my...

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Privilege

Fast Take: Application of Privilege to Consultants to Corporations Raises Questions (Part II)

In a previous article on p. 17 of the May/June 2018 issue, I summarized two recent cases in which courts held that communications between corporations and their consultants were not subject to attorney-client privilege. However, some cases take a more favorable view.  For example, in...

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Litigation

Fast Take: Fifth Circuit Issues a Favorable "At Issue" Doctrine Decision

The frightening "at issue" variety of implied waiver can destroy privilege protection if litigants affirmatively seek some advantage by (among other things) relying on their actions' "good faith." If the litigants sought legal advice about the actions that they claim to...

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Ethics

FAST TAKE: Client Consultants Lose Out on Privilege Protection

The attorney-client privilege that protects confidential communications between clients and their lawyers may extend to consultants if they act as the “functional equivalent” of corporate employees. Otherwise, most courts take a very narrow view. In Durling v. Papa John’s...

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