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It was only a matter of time. With virtual depositions all the (necessary) rage, it will surprise no one that a privilege dispute regarding a virtual deposition exhibit reached a judge’s chambers. When the questioning lawyer used a privileged document in a virtual deposition, the defending lawyer—due to the document’s The post Wait, What was That? Lack of Objection and Late (?) Claw-back Demand Waives Privilege in Virtual Deposition appeared first on Presnell on Privileges
As a dejected young lawyer returning from an unsuccessful motion hearing, a senior partner consoled me by saying that he once lost “a motion to set against a pro se plaintiff.” And while that story lifted my spirits, I doubted its veracity. You may similarly doubt that Dartmouth College could The post Dartmouth Loses In-House Counsel Privilege Dispute with Pro Se Expelled Student appeared first on Presnell on Privileges.…
In the setting of closely held corporations, it is common for officers, directors, and shareholders to treat each other as one big happy family. And while that may be true in some respects, it clearly is not in the privilege context. Want proof? The North Carolina Supreme Court rejected a The post No Privilege for Lawyer’s Communications with Agent of Company’s Alter Ego appeared first on Presnell on Privileges.…
In a matter of first impression, the Minnesota Court of Appeals adopted a standard for determining whether to disqualify an attorney from serving as an expert witness against his former client. The court held that courts must assess disqualification on whether a confidential relationship existed between the attorney–expert and the The post Court Adopts Standard for Disqualifying Attorney–Expert from Testifying Against Former Client appeared first on Presnell on Privileges.…
In a major Bluff City battle involving Elvis Presley Enterprises, the City of Memphis, and the NBA’s Grizzlies, a well-respected Memphis federal judge provided some clarity into the often-inconsistent application of the common-interest doctrine. The court required the defendants to prove they shared an “identical legal interest” but did not The post Heartbreak Hotel: Elvis Presley Enterprises Can’t Pierce Entire Scope of Common-Interest Communications appeared first on Presnell on Privileges.…
George Bernard Shaw once remarked that the “single biggest problem in communication is the illusion that it has taken place.” And so it is with the attorney–client privilege. Of the corporate attorney–client privilege’s primary elements, most focus on confidentiality and distinguishing between business and legal advice. Corporate counsel should not The post Communications and Privilege appeared first on Presnell on Privileges.…
You’ve heard of commingling of funds, but have you heard of commingling of an insurer’s coverage and claims files? Well, now you have. Following a multi-million-dollar lawsuit against its insured, an insurer’s coverage adjuster mistakenly uploaded a privileged coverage opinion to the claims file. And when the claims adjuster sentKeep Reading this POP Post The post Coverage Adjuster and Claims Adjuster Mix Files, Waive Privilege appeared first on Presnell on Privileges.…
The Ninth Circuit formally adopted a standard for determining whether a party waived protections of the work-product doctrine, and it is significantly different than the standard governing attorney–client privilege waiver. The Court held that a party waives work-protections when it discloses work-product materials to an adversary in litigation or substantiallyKeep Reading this POP Post The post Ninth Circuit Adopts Work-Product Waiver Standard—In-House Counsel Memos Partially Survive appeared first on Presnell on Privileges.…
The receipt of an adversary’s privileged communications often presents a dicey situation that could lead to disqualification. In a sexual-harassment case, an EEOC trial attorney subpoenaed a country club’s former employee who showed up with her text messages from the country club’s general counsel. The EEOC lawyer gave the textsKeep Reading this POP Post The post Obviously Privileged? EEOC Attorney Escapes Disqualification after Reading Country Club GC’s Text Messages appeared first on Presnell on
While there is no federal common-law peer-review privilege, each state has adopted a privilege with varying standards and protections. But a question relevant to all jurisdictions is whether, in a medical-malpractice case, the peer-review privilege protects from discovery a physician’s credentialing or training records. A Florida court upheld the privilegeKeep Reading this POP Post The post Peer-Review Privilege Protects Physician’s Credentialing Records, Court Rules appeared first on Presnell on Privileges.…