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McGuireWoods LLP | USA | 13 Feb 2019

Courts Take Expansive View of the Common Interest Doctrine

Under the common interest doctrine, separately represented clients can avoid the normal waiver implications of disclosing privileged communications to


McGuireWoods LLP | USA | 19 Mar 2018

Washington Healthcare Update - Mar 19, 2018

The House had planned to take up the Omnibus spending bill the week of the 12th in order to give the Senate plenty of time to consider the bill


McGuireWoods LLP | USA | 12 Jan 2018

Beware What You Share: Privilege Waiver Risks in Investigations

In responding to regulatory and government investigations, firms are often faced with the question of how to balance the desire to cooperate with the


McGuireWoods LLP | USA | 4 Dec 2017

Washington Healthcare Update - Dec 4, 2017

Testifying before the House Energy and Commerce Committee on implementation of the 21st Century Cures Act on Nov. 30, FDA Commissioner Scott Gottlieb


McGuireWoods LLP | USA | 17 Oct 2017

“Opt Out” Provisions May Provide Path Forward for Class-Action Waivers in Employment Contracts

Los Angeles labor and employment litigators Michael Mandel and Amy Beverlin bring us perspective on three class-action waiver cases currently awaiting


McGuireWoods LLP | USA | 16 Aug 2017

Drawing the Line Between Waiver and Non-Waiver: Part II

Last week's Privilege Point described a New York court's predictable waiver conclusion based on a client's description of his intended future conduct


McGuireWoods LLP | USA | 9 Aug 2017

Drawing the Line Between Waiver and Non-Waiver: Part I

Clients describing their past or intended future actions obviously do not waive their privilege protection - even if the clients are following their


McGuireWoods LLP | USA | 14 Jun 2017

What Type of "Common Interest" Satisfies the Common Interest Doctrine?

Some lawyers incorrectly assume they can contractually assure that disclosing privileged communications to third parties does not waive the privilege


McGuireWoods LLP | USA | 31 May 2017

Who Can Waive Corporations' Privilege Protection?

In Upjohn states, corporations' privilege can protect (1) communications in which corporate employees at any hierarchical level give the company's


McGuireWoods LLP | USA | 17 May 2017

Privilege Implications of an Explicit or Implicit "Advice of Counsel" Defense: Part II

Last week's Privilege Point described the normal broad subject matter waiver triggered by litigants' explicit defensive reliance on legal advice

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