More Privilege Articles

Privilege

Does Disclosure During Settlement Negotiations Waive Work Product Protection?

For obvious reasons, the law encourages settlements. During settlement negotiations, participants may be tempted to disclose work product-protected documents or intangible communications.

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Privilege

What’s the Deal With “Intangible” Work Product? Part II

Last week’s Privilege Point explained that nearly every court extends work product protection beyond the “documents and tangible things” specified in Fed. R. Civ. P. 26(b)(3) and understandably mentioned in a recent Southern District of New York decision.

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Privilege

What’s the Deal With “Intangible” Work Product? Part I

The “work product” doctrine provides an entirely separate protection from the attorney-client privilege.

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