69 results found
Ogier | Cayman Islands | 18 May 2023
Privilege in Cayman Islands appraisals - the door opens for dissenting shareholders
Discovery is a key aspect of section 238 appraisal proceedings and is critical in establishing fair value. In 58.com the Grand Court of the Cayman…
Herbert Smith Freehills LLP | United Kingdom | 18 Apr 2023
Litigation privilege not restricted to parties to litigation, and other helpful points regarding privilege
The High Court has clarified a number of points relating to legal professional privilege in a recent decision in which it dismissed a Claimant’s…
Lexology PRO | United Kingdom | 27 Feb 2023
CAT orders Apple to justify privilege claims in App Store class action
The UK’s specialist competition tribunal has ordered Apple to justify privilege claims on over 900 documents it refused to disclose in Rachael Kent's £1.5 billion class action lawsuit over the company’s allegedly unlawful App Store policies.
RPC | United Kingdom | 31 Jan 2023
High Court clarifies threshold test for prevention of use of inadvertently disclosed documents
The High Court recently clarified the circumstances in which courts may exercise their discretion to prevent the use of inadvertently disclosed privileged material. Applying established principles, the Court decided that there had been only limited and unsatisfactory evidence of inadvertent disclosure, such that the claimants were permitted to rely on allegedly privileged material in the......
Wilmer Cutler Pickering Hale and Dorr LLP | USA | 26 Jan 2023
Update: Supreme Court Dismisses Privilege Case after Hearing Arguments
Shortly after oral arguments on the correct standard for assessing the application of mixed-purpose communications in In re Grand Jury, the U.S…
McGuireWoods LLP | USA | 4 Jan 2023
Court Provides Useful Guidance for Preparing a Defensible Privilege Log
In earlier times, litigants essentially trusted each other to withhold (without identifying) responsive documents protected by the attorney-client…
RPC | United Kingdom | 3 Jan 2023
Clements v Frisby: unintentional waiver of privilege and its scope
🕑 7 minutes In Clements v Frisby, His Honour Judge Cawson KC granted a disclosure application on the basis that the claimant had waived privilege by referring to legal advice in a witness statement. This case does not depart from established case law regarding the waiver of privilege. However, the case clearly shows that the court will take a fact-specific approach to the distinction between......
Stewarts | United Kingdom | 5 Dec 2022
Court of Appeal clarifies privilege position in respect of the identity of those instructing lawyers
The Loreley 30 v Credit Suisse litigation considered whether the identity of the persons authorised to give instructions to solicitors on behalf of a…
Herbert Smith Freehills LLP | United Kingdom | 18 Nov 2022
Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege
The Court of Appeal has held that the identity of those instructing lawyers on behalf of a corporate client are not generally protected by litigation…
McGuireWoods LLP | USA | 16 Nov 2022
Musk-Twitter Feud Privilege Fallout: Part I
Not surprisingly, the Musk-Twitter fast-track Delaware case generated privilege issues. One predictably recognized Musk's unique role in his varied…
