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Privilege
Did S.D.N.Y Mean to Apply Expansive Common Interest Doctrine?
Under the widely recognized common interest doctrine, separately represented clients may sometimes contractually avoid the otherwise inevitable privilege waiver when sharing privileged communications.
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Relying on an Investigation May Not Forfeit All Privilege Protection
Clients relying on an investigation’s result to gain some advantage understandably trigger a subject matter waiver.
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Rare Opinion Extends Privilege Protection to Implicit Request for Legal Advice
Overworked judges assessing possible privilege protection for the increasing volume of often-cryptic emails withheld from production understandably look for a client’s explicit request for legal advice from a lawyer.
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South Dakota Court Refreshingly Acknowledges Rule 30(b)(6) Confusion
Courts have great difficulty assessing privilege protection for communications relating to a Rule 30(b)(6) deposition..
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Texas Court Applies Several Basic Work Product Principles
Because work product protection only applies at certain times, clients must be able to identify the exact moment that they first anticipated litigation. And not surprisingly, they must also explain why they first anticipated litigation at that moment.
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Work Product Protection Can Be Overcome in Some Circumstances, but the Privilege Is Absolute — Right?
Most lawyers know that fact work product protection can be overcome in certain circumstances, opinion work product is “absolutely or nearly absolutely” protected, and that the attorney-client privilege is absolute. But as with other supposedly universal concepts, there are exceptions.
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Must Litigants Identify Their Non-Testifying Experts?
Litigants relying on testifying experts can look to federal or state court rules in determining what they must disclose or may withhold. In contrast, courts take widely varying views of those issues in addressing litigants’ non-testifying experts.
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