Privilege
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Privilege
Slip and Fall Case Provides Useful Guidance for More Serious Scenarios: Part II
Last week's Privilege Point described a Louisville, Kentucky, restaurant's loss of privilege protection because it could not prove that the managers providing information after a slip and fall knew the "investigation notes'" purpose. Bobalik v. BJ's Restaurants, Inc., Case No. 3:19-CV-0661-RGJ-LLK, 2020 U.S. Dist. LEXIS 231289 (W.D. Ky. Dec. 9, 2020). The court then turned to the restaurant’s work product assertion.
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Slip and Fall Case Provides Useful Guidance for More Serious Scenarios: Part I
Under the commonly (but not universally) recognized Upjohn standard, a corporation's lawyer may engage in privileged communications with any level of corporate employee who has information the lawyer needs. But that favorable Upjohn standard is not self-executing – there is another condition lawyers must satisfy.
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Second Circuit Applies the "Touch Base" Test
Most other countries do not permit the type of intrusive discovery U.S. companies face. But occasionally discovery in U.S. litigation seeks communications to or from the U.S., or even purely overseas communications -- requiring U.S. courts to assess which country's privilege protection applies.
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