7 Id. (quoting Bowne of New York City, Inc. v. AmBase Corp., 161 F.R.D. 258, 264 (S.D.N.Y. 1995)). 8 As a general note, federal courts will apply state privilege law when sitting pursuant to diversity ...
“This case is a reminder for both companies and lawyers…[that] initiating litigation without an objective basis and using litigation procedures as an unfair competition tool to interfere with a ...
The U.S. Court of Appeals for the Third Circuit has given its OK under the crime-fraud exception to attorney-client privilege to a trial court's in camera interview of a lawyer about advice provided ...
One of the great myths of the legal profession is that the attorney-client privilege promises absolute confidentiality, to ensure clients' full disclosure to their counsel. However, as most lawyers ...
Samantha Weissbluth, senior counsel, and Simon Johnson, associate, Foley & Lardner LLP, Chicago The fiduciary exception to attorney-client privilege has long complicated attorneys’ lives. And that’s ...
In certain circumstances, shareholders of corporations and members of limited liability companies can obtain confidential communications between corporate management and the company’s attorney that ...
This post explains an exception to the attorney-client privilege that is recognized in many jurisdictions to allow minority owners of LLCs and corporations to attempt to obtain the privileged ...
Federal prosecutors are trying to get one of former President Donald Trump's lawyers to sit down for questioning as part of the investigation into the classified documents that Trump kept after ...
Attorney-client privilege is a fixture of any TV show that involves the law. But attorney-client privilege is also surprisingly complex. There are rules, exceptions to those rules, and exceptions to ...
A flat-bladed screwdriver can hew away strips of wood. But any woodworker knows a chisel would be the preferred tool for shaving and shaping the wood. Forcing a tool to perform another task not only ...
Former President Donald Trump’s lawyer hired an attorney to represent himself after prosecutors intensified their inquiry into whether Trump mishandled sensitive records at his Mar-a-Lago resort, ...
As in most things, there are limits. Law, like life itself, is not a bacchanal without exception or constraint. While rules are not exactly made to be broken, most rules are girded with a corset ...
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