Privilege
More Privilege Articles
Privilege
Courts Disagree About Privilege Log Requirements: Part I
All or nearly all courts require litigants to log documents withheld on privilege or work product grounds (with an exception discussed next week). But they disagree about what the log should include — with some courts taking an unrealistically expansive view.
Read MorePrivilege
What’s the Deal With “Intangible” Work Product? Part III
The last two Privilege Points (Part I and Part II) explained that the 1947 U.S. Supreme Court decision in Hickman v. Taylor, 329 U.S. 495 (1947), created a common law protection for litigation-related tangible and intangible things.
Read MorePrivilege
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.
Read More