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Privilege
Southern District of California Applies the Sporck Doctrine
In 1985, the Third Circuit protected as opinion work product a lawyer's "selection and compilation of [intrinsically unprotected] documents . . . in preparation for pretrial discovery."
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Analyzing an Inadvertent Production’s Waiver Impact: What Does the “Inadvertent” Element Mean?
In federal court and in state courts following the same approach, Fed R. Evid. 502(b) sometimes allows claw backs if a privileged document's production was "inadvertent." That term could have several meanings — ranging from a mistaken legal analysis to accidental inclusion of the document in a production.
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What Is the Scope of a Work Product Waiver in a Willful Patent Infringement Context?
Litigants accused of willful patent infringement sometimes rely on an "advice of counsel" defense. Interestingly, courts have recognized a distinction between such a defense in the privilege and the work product contexts.
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In Camera Reviews’ Process and Downside
Attorney-client privilege protection depends on content, and some work product claims also depend in part on content. Because a litigant's privilege log obviously does not disclose withheld documents' content, the adversary often seeks the court's in camera review of those withheld documents.
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FLSA Cases Raise Interesting Privilege Issues
In earlier times, litigants essentially trusted each other to withhold (without identifying) responsive documents protected by the attorney-client privilege or the work product doctrine. Now every court seems to require a privilege "log" listing the withheld documents (although the Federal Rules do not require such a "log").
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Court Provides Useful Guidance for Preparing a Defensible Privilege Log
In earlier times, litigants essentially trusted each other to withhold (without identifying) responsive documents protected by the attorney-client privilege or the work product doctrine. Now every court seems to require a privilege "log" listing the withheld documents (although the Federal Rules do not require such a "log").
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When and How to Work with an Expert Witness
Simon Hems, McGuireWoods partner in international dispute resolution, and Mark Thompson, founder of Epeus Consulting, share their experiences in conversation.
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