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Privilege
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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Companies House Reforms: The Economic Crime and Corporate Transparency Bill
The Economic Crime and Corporate Transparency Bill, published 22 September 2022, proposes fundamental changes to Companies House. The government intends these changes to improve data reliability at Companies House and deter money laundering and fraud.
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Court Addresses “Client” Identity in a Closely Held Corporation
Identifying the "client" in closely held corporations can be difficult, but critical. That determination can affect both privilege protection for communications, and the right to access privileged communications between the corporation’s management and its lawyer.
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S.D.N.Y. Takes a Demanding View of the “Functional Equivalent” Doctrine
Under the common law "functional equivalent" doctrine, corporations sometimes may claim privilege protection for communications to or from a non-employee who is the "functional equivalent" of an employee. This common sense privilege expansion can be extremely helpful for corporations reducing employee head count and outsourcing some important functions.
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Where Should Lawyers Look for the Applicable Attorney-Client Privilege?
The attorney-client privilege originated in Roman law, and flourished under what John Adams labeled "that most excellent monument of human art, the common of law of England." But in America, some states articulate their key privilege in statutes, some in rules, some in pure common law and some with a mixture of those.
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