More Privilege Articles

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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Privilege

Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part III

The last two Privilege Points have addressed some federal courts’ inexplicable application in diversity cases of their host states’ substantive privilege law rather than their host states’ choice of law rules.

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