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Privilege
Two S.D.N.Y. Cases Decided the Same Day Provide the Same Key Privilege Guidance: Parts I & II
Many if not most clients and even some ill-informed lawyers think they can “make” something privileged through some logistical step — such as marking it as “privileged,” copying a lawyer, inviting a lawyer to a meeting, etc. This is dangerously wrong.
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Privilege
Two S.D.N.Y. Cases Decided the Same Day Provide the Same Key Privilege Guidance: Parts I & II
Many if not most clients and even some ill-informed lawyers think they can “make” something privileged through some logistical step — such as marking it as “privileged,” copying a lawyer, inviting a lawyer to a meeting, etc. This is dangerously wrong.
Read MorePrivilege
What Standard Applies to Courts’ Review of Special Masters’ Privilege Calls
In some cases involving voluminous or complicated privilege issues, courts rely on special masters to make the privilege calls.
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Seeking Attorney’s Fees Triggers Work Product Waiver Issues: Part II
Last week’s Privilege Point described two cases finding that successful plaintiffs had waived work product protection covering their invoices and other attorney’s fees billing documents because they sought attorney’s fees as an element of damages.
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