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McGuireWoods LLP | USA | 15 Apr 2020

Internal Corporate Investigations May Deserve Work Product Protection If They Differ From The Corporation's Normal Procedures: Part I

The work product doctrine can protect documents primarily motivated by a corporation's involvement in or reasonable anticipation of litigation…

McGuireWoods LLP | USA | 23 Oct 2019

When Can An Adversary Overcome A Litigant's Work Product Protection?

Unlike the absolute attorney-client privilege, adversaries can obtain a litigant's work product if they have "substantial need" for the work product…

McGuireWoods LLP | USA | 11 Sep 2019

Court Adopts A Favorable Privilege Standard But Unfavorable Work Product Standard: Part II

Last week's Privilege Point described a Northern District of Illinois decision which applied the favorable "one of the significant purposes"…

McGuireWoods LLP | USA | 24 Jul 2019

Work Product Protection Sometimes Involves Subtle "Morphing" Of Clients' Motivations

The work product doctrine sometimes involves clients' primarily business motivation "morphing" into litigation-related motivation - thus entitling…

Greenberg Traurig LLP | USA | 17 Jul 2019

BouSamra Provides Guidance on Scope of Work-Product Doctrine in Pennsylvania

When does disclosure of attorney work product to a third party constitute waiver of the work-product doctrine? The Pennsylvania Supreme Court…

Troutman Pepper | USA | 26 Jun 2019

Pennsylvania Expands Attorney Work-Product Protection for Disclosures to Third Parties

The Pennsylvania Supreme Court has adopted a new, expanded standard for preserving the protections of the attorney work-product doctrine, codified at…

McGuireWoods LLP | USA | 15 May 2019

Courts Assess The Common Interest Doctrine's Applicability To Work Product: Part II

In Washington Coalition for Open Government v. Pierce County, No. 50718-8-II, 2019 Wash. App. LEXIS 392 (Wash. Ct. App. Feb. 20, 2019), the court…

McGuireWoods LLP | USA | 8 May 2019

Courts Assess The Common Interest Doctrine's Applicability To Work Product: Part I

The common interest doctrine occasionally allows separately represented clients to avoid waiving their fragile privilege protection when sharing…

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 | 30 Jan 2019

Courts Issue Conflicting Work Product Doctrine Opinions: Part II

Last week's Privilege Point discussed a New York federal court's and a New York state court's opposite positions on a key work product issue. Courts…
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