Privilege
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Privilege
Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part II
Last week’s Privilege Point noted that some federal courts erroneously apply their host state’s substantive privilege law rather than properly applying their host state’s choice of law rules — which might result in another state’s privilege law applying.
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Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part I
Not surprisingly, federal courts handling federal question cases apply federal common law privilege principles (essentially textbook-type generic rules).
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Two Courts Address The Greatest Risks to Internal Corporate Communications' Privilege Protection: Part II
Last week’s Privilege Point described the illogical but scary Vioxx doctrine, which some courts apply to deny privilege protection ab initio to intra-corporate communications simultaneously seeking advice both from lawyers and non-lawyers.
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