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Results:1-10 of 883

Court Analyzing the Work Product Doctrine Explains the "Ordinary Course of Business" Concept
  • McGuireWoods LLP
  • USA
  • October 17 2018

Corporations creating documents in the "ordinary course of business" normally cannot claim work product protection, because they were not motivated by


“Modernizing Merger Reviews”: DOJ Antitrust Division Aims to Shorten Time and Increase Efficiencies of Merger Reviews with Process Changes
  • K&L Gates
  • USA
  • October 9 2018

The U.S. Department of Justice Antitrust Division’s (“Antitrust Division”) Assistant Attorney General Makan Delrahim announced last week that the


Another Court Inexplicably Rejects a Work Product Claim Because No Lawyer Was Involved
  • McGuireWoods LLP
  • USA
  • August 22 2018

Some courts seem to ignore the plain language of the federal work product rule or state parallels by requiring lawyers' involvement. In Rafferty v


What Can Trigger a Reasonable Anticipation of Litigation Sufficient to Support a Work Product Claim? Part II
  • McGuireWoods LLP
  • USA
  • June 20 2018

Last week's Privilege Point described two of three possible "trigger" events that can create an objectively and subjectively reasonable "anticipation"


Attorney-Client Privilege, Work-Product Protection and Waiver
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • June 14 2018

The attorney-client privilege protects confidential communications between lawyer and client against disclosure to third parties. The attorney


What Can Trigger a Reasonable Anticipation of Litigation Sufficient to Support a Work Product Claim? Part I
  • McGuireWoods LLP
  • USA
  • June 13 2018

Establishing work product protection requires: (1) litigation (normally civil or criminal litigation, but sometimes adversarial administrative or ADR


Courts Debate Work Product Issues: Part II
  • McGuireWoods LLP
  • USA
  • April 25 2018

Last week's Privilege Point addressed courts' varying views on whether work product protection can extend to a non-party's documents. Courts also


Courts Debate Work Product Issues: Part I
  • McGuireWoods LLP
  • USA
  • April 18 2018

Ironically, federal courts interpreting the two-sentence work product rule in Fed. R. Civ. P. 26(b)(3)(A) take more varied views than when they apply


Disclosures Redux - Outside Auditors and Attorney Work-Product
  • Lane Powell PC
  • USA
  • March 29 2018

Following our recent post on disclosures to the EPA, this week we’re going to look at disclosures to outside auditors, often in the context of


How Federal Courts Apply Common Interest Privilege to Litigation Funding, M&A Due Diligence, and Other Third-Party Scenarios
  • Haug Partners LLP
  • USA
  • March 12 2018

The concept of “privilege” is critically important in the United States legal system and litigation. Privileged documents and communications are