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.

Recently by Thomas E. Spahn

Privilege

Privilege and Work Product Protection for Corporate Investigations After Clark Hill: Part I

In this entry of his Privilege Points series, McGuireWoods partner, Thomas Spahn, explores the large Detroit-based law firm of Clark Hill that recently lost its effort to protect as attorney-client privileged and work product doctrine-protected its own investigation into its own data breach.

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Privilege

The Fascinating Work Product Implications of Surveillance Videos

In his latest privilege point, McGuireWoods partner Thomas Spahn explains how lawyers representing insurance companies and others sometimes seek evidence that plaintiffs claiming injuries, disability, etc., are faking it.

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Privilege

Court Gets the Diversity Case Choice of Law Analysis Right: Part II

In his last privilege point, McGuireWoods partner Thomas Spahn described a wise Connecticut court's recognition that federal courts sitting in diversity should not automatically apply their host jurisdiction's privilege law — but instead apply their host jurisdiction's choice of law principles when determining applicable privilege law. Here, he picks up where he left off.

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Privilege

Court Gets the Diversity Case Choice of Law Analysis Right: Part I

As in other areas, a privilege analysis should always start with a choice of law assessment. In federal courts, federal common law governs federal question cases' privilege issues. In diversity cases, many federal courts reflexively apply their host jurisdiction's privilege law. This is wrong.

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Privilege

Copying a Lawyer on an Email Does Not Assure Privilege Protection, but That Lawyer Can Increase the Odds

Lawyers should remind their clients that copying a lawyer on an email does not automatically render the email privileged. But the story doesn't end there.

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