Thomas E. Spahn
Partner
McGuireWoods LLP
Thomas Spahn is a partner with McGuireWoods and practices as a commercial litigator. He regularly advises Fortune 500 companies on high-stake issues. Spahn also advises in-house counsel on ethics issues including conflicts of interest and confidentiality.
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Recently by Thomas E. Spahn
Privilege
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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Texas Courts' Contradictory Approach to the Common Interest Doctrine
The common interest doctrine sometimes allows separately represented clients to avoid the normal privilege waiver implications when sharing their privileged communications.
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Court Addresses Privilege Protection for Litigation Holds
Companies in or anticipating litigation normally impose litigation holds. If litigation ensues, does the attorney-client privilege or the work product doctrine protect the content of such a hold or the fact of its imposition?
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Courts Assess Protection for Lawyers’ Billing Entries: Part II
Last week's Privilege Point described courts' varied approaches to losing litigants' efforts to discover the winning lawyers' billing entries when the winners seek recovery of their attorney's fees.
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Courts Assess Protection for Lawyers’ Billing Entries: Part I
Winning litigation parties sometimes seek recovery of the money they spent on their lawyers — either as a damage element or under a fee-shifting legal doctrine or contract provision.
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