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Court Applies a Key Sporck Doctrine Element
  • McGuireWoods LLP
  • USA
  • December 5 2018

Most courts recognize a doctrine first articulated in Sporck v. Peil, 759 F.2d 312 (3d Cir. 1985), which protects as opinion work product lawyers'


Waiver of the Attorney-Client Privilege in Connection with Internal Investigations
  • Burns & Levinson LLP
  • USA
  • November 12 2018

While most parties and their counsel are vigilant in keeping their communications confidential, so as to avoid any chance that the attorney-client


Is the Work Product Doctrine Broader or Narrower Than the Attorney-Client Privilege?
  • McGuireWoods LLP
  • USA
  • October 24 2018

Privilege Points In In re National Prescription Opiate Litigation, the court explained that the work product doctrine is "broader than the


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