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Pennsylvania Superior Court Compels Production Of Investigators’ Notes In Paterno Matter

USA - January 3 2018 In Estate of Paterno v. National Collegiate Athletic Association, No. 877 MDA 2015 (Pa. Super. Ct. July 25, 2017), applying Pennsylvania law, the...


2d Cir. Holds No Joint Defense Privilege Where Lawyer Did Not Participate in Communication

USA - January 3 2018 In United States v. Krug, 868 F.3d 82 (2nd Cir. 2017), the court held that the joint defense privilege did not apply to a conversation between...


Courts Disagree On Scope of Opinion Work Product Protection For Attorney Testimony

USA - January 3 2018 In In re Grand Jury Subpoena v. United States, 870 F.3d 312, (4th Cir. 2017), a divided panel of the Fourth Circuit applied an expansive view of...


”Quick Peek” Ordered In Deliberative Process and Bank Examination Privilege Dispute

USA - January 3 2018 In Fairholme Funds, Inc. v. United States, No. 13-465C (Fed. Cl. Oct. 23, 2017), the government withheld 1,500 documents on the grounds of the...


Judge Orders Disclosure of Interview Memoranda Following “Oral Downloads” of Facts to the SEC, Highlighting the Importance of Safeguarding Privilege when Cooperating with the Government

USA - December 11 2017 On December 5, 2017, a Florida federal magistrate judge concluded in S.E.C. v. Herrerathat attorney "oral downloads" of interview notes and memoranda...

Jessica M. Ly, Katya Jestin, Thomas C. Newkirk, Nicholas R. Barnaby.