It is often a tough dilemma.  A corporate entity conducts an internal investigation into alleged wrongdoing by corporate executives and must decide whether to disclose the investigation results to a governmental agency.  On the one hand, disclosing the investigation could…

For my 400th post, let’s discuss a decision from my home state addressing a sometimes forgotten distinction in the area of waiver. Courts generally find waiver of, for example, a contract provision, a claim, or a constitutional guarantee, when there…

One of the greatest frontier lawyers, Abraham Lincoln, once made the thought-provoking statement that, if asked to chop down a tree within six hours, he would spend the first four hours sharpening his axe. The future president’s message, of course,…

A lawyer defending a Batson challenge to her peremptory juror strikes must present a neutral, non-discriminatory reason for the strike. Often the striking lawyer’s jury-selection notes supply evidence—one way or the other—of her reasons for excusing the challenged juror.  And…

Abstract This post is the third of a three-part series.  In An Examination of the Bank-Examination Privilege (I): Overview of an Enigma, I provided an overview of the bank-examination privilege and explained its origin and scope. In An Examination of…

Abstract This post is the second in a three-part series.  In An Examination of the Bank-Examination Privilege (I): Overview of an Enigma, I provided an overview of the privilege and discussed its origin and scope. In this second installment, I…

The evidentiary privilege known as the “bank-examination privilege” is a bit of an enigma.  Its name may lead you to believe the privilege belongs to banks but that’s not true.  The privilege covers a bank-examination report, but not all of…