• Does “Memo” About A Privileged Memo Waive Privilege?

    The defendant mortgage company conducted an internal investigation under the aegis of its outside lawyers, after an allegation that it had submitted false information to HUD. Company attorneys then prepared a memo summarizing the findings and reporting...

    • Posted 3 weeks ago
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  • Spoliation Sanctions Can Dwarf What The Case Is Worth

    A ruling from the Second Circuit Court earlier this year is a cautionary tale about the importance of implementing sound legal hold and production practices even in smaller cases. The value of this case in terms of...

    • Posted 3 months ago
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  • Trump’s SCOTUS Choice, Judge Kavanaugh, Just Opined On “Privilege”

    Brett Kavanaugh, the President’s nominee for the Supreme Court and current judge on the Court of Appeals for the DC Circuit, recently authored an opinion that lays out a relatively expansive view of privilege in the context...

    • Posted 3 months ago
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  • Your Location Data, Bought And Sold

    A dramatic event in an industry many people weren’t aware of – the buying and selling of cell phone user location data – occurred last week, when security investigator and blogger Brian Krebs contacted LocationSmart to let...

    • Posted 5 months ago
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  • Elite FLA Firm Accused Of Bribery, Stiffing Client

    A Fort Lauderdale law firm known for helping George Bush’s case in his year 2000 election victory and for winning hundreds of millions of dollars for clients against a Ponzi schemer, is accused of failing to pay...

    • Posted 5 months ago
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  • Bridging The Gap Between IT & Legal

    In an e-discovery project, IT and Legal personnel need to work together as seamlessly and smoothly as possible. That can be a challenge, given they come from two different worlds in terms of professional backgrounds and communication...

    • Posted 6 months ago
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  • Privilege Lost For “Underlying Documents” When Report Is Made Public

    When a school board released a lawyer’s report about alleged sexual assaults by members of a high school basketball team, it had no desire to release the interviews and communications that...

    • Posted 8 months ago
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  • Don’t Push Send

    Every day, attorneys transmit spreadsheets, documents and PDFs, to courts and adversaries, to third parties, and to clients. Either they intend to transmit only after “scrubbing,” or else they don’t believe the documents contain important hidden data....

    • Posted 8 months ago
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  • Protective Orders in Litigation

    What are the limits of public access to the courts? In this Today’s General Counsel article, attorney Cristin K. Traylor considers this increasingly vexing question – increasingly vexing for two reasons: because the volume of information typically...

    • Posted 8 months ago
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  • In-House Privilege “More Difficult” Says Fed Court

    A recent decision from a federal district court in Louisiana provides a “ short but instructive privilege opinion for in-house lawyers,” writes Todd Presnell in his Presnell on Privileges blog. Privilege is more difficult to apply in-house,...

    • Posted 11 months ago
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