E-Discovery

How Overreach Can Sink An In-House Privilege Claim

In-house legal at Dartmouth college was brought up short, when a judge ruled its privilege claim for a trove of in-house communications exceeds the privilege’s…

No Communication, No Privilege

What constitutes a privileged communication? This Today’s General Counsel article considers some of the complexities and the light that may be shed on this question…

Spotlighting In-House Memos, Ninth Circuit Adopts Work-Product Waiver Standard

The Ninth Circuit has issued a decision that for the first time adopted a waiver standard for the work-product doctrine – a standard that is…

Overcoming Budget Hurdles Due to Covid-19 Litigation

Three months into the pandemic, expectations about budgeting in legal departments have changed. Survey data shows that only 19 percent of in-house legal departments expected…

Conservative Groups Challenge State AG Privilege Claims In Climate Cases

Two right-leaning groups are challenging privilege claims by state attorneys general in climate matters, including regulation of CO2 emissions. The state AGs in Michigan, Vermont…

Privilege Upheld For In-House Investigation, Despite Previous “Summary” Release

The senior in-house counsel of a major defense contractor seemed to have covered the bases when it came to insuring privilege for an internal investigation…

Protecting Electronic Devices At The Border

A recent episode involving a cell phone search at the border got a lot of media attention, seen primarily through the lens of politics, but…

Corporate Investigations: What A New Survey Tells Us

Being subject to investigations has become a fact of corporate life, and investigations are expected to become more common, according to a recent survey of…

E-Discovery Lesson For Slack Users

Philip Favro, writing on the Driven Inc. Blog, looked back on key cases from 2019 and the lessons they offer going forward. The first one…

Privilege Caution When In-House Attorney Is 30(b)(6) Witness

In the Northern District of Illinois, a court ruled that a company must produce privileged documents that an in-house attorney used to refresh her memory…

Do NOT follow this link or you will be banned from the site!