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This post was originally published on June 9, 2019. In-house and outside deal lawyers sometimes face this sad love story. Two separate but aligned entities fall in love with a third entity and enter joint-venture negotiations. During the dating period, the aligned entities’ lawyers conduct due diligence, provide their clientsKeep Reading this POP Post The post Valentine’s Day Waiver: Lawyers Share Pre-Deal Due Diligence and Lose Privilege appeared first on Presnell on Privileges.…
Microsoft in-house lawyers and KPMG anticipated the federal government’s scrutiny of a tax strategy and communicated about it. But in a later federal suit over Microsoft’s tax liabilities, a federal court found that the communications served a litigation purpose and a business purpose. And with the business purpose predominating, theKeep Reading this POP Post The post No Work-Product Protection for Microsoft In-House Counsel’s Dual-Purpose Emails with KPMG appeared first on Presnell on Privileges.…
A lawyer sued a blogger, and now my head is spinning. When a Connecticut blogger published an allegedly defamatory post about a Chicago lawyer, the ND ILL faced questions whether a blogger is a reporter and whether to apply Illinois or Connecticut’s reporter’s privilege to protect the blogger’s source. ItKeep Reading this POP Post The post Lawyer Sues Blogger and (of course) a Reporter’s Privilege Issue Erupts appeared first on Presnell on Privileges.…
Known for his unmatched oratory skills, both in the U.S. Senate and before the U.S. Supreme Court, scholars regard Daniel Webster as one of America’s greatest lawyers. And while he possessed natural talent that “can’t be taught,” Webster knew that lawyers become great only with a disciplined work ethic andKeep Reading this POP Post The post Software-Generated Privilege Logs and “Continued Indolence”: A Lesson from Daniel Webster appeared first on Presnell on Privileges.…
In a patent-infringement action, the question arose whether the attorney–client privilege protected documents discussing legal advice of the defendant’s Swedish predecessor. And then a second, threshold question arose: whether Swedish or U.S. law governed the privilege issue. In a break from other federal courts, the Court for the ND ILL,Keep Reading this POP Post The post Court Rejects “Touch Base” Approach—Applies Foreign Privilege Law to Communications with Patent Agents appeared first on Presnell on
It is “fairly clear” that, in a False Claims Act case, the common–interest doctrine protects the sharing of privileged information between the government and relator after the government intervenes. What is “less than clear” is whether the doctrine protects privilege-sharing prior to intervention. The Minnesota federal court faced this pre-interventionKeep Reading this POP Post The post Timing is Everything: Court Rejects Common-Interest Protection for Anti-Kickback Relator and USAO appeared first on Presnell on Privileges
The year 2019 produced several thought-provoking privilege issues for our consumption. And it saw the publication of my 300th post. The Trump Administration again asserted privilege protections, including one instance of protecting Obama-era information. The insurance industry saw varied privilege concerns arise, and in-house lawyers again saw the good—and bad—ofKeep Reading this POP Post The post Privileges in 2019—Year in Review appeared first on Presnell on Privileges.…
Risky and uncertain privilege and work-product concerns arise when a company designates an in-house attorney to serve as a FRCP 30(b)(6) deposition witness. A decision from the ND ILL illustrates the perils. The court ruled that a company must produce privileged materials that its in-house counsel reviewed while preparing forKeep Reading this POP Post The post 612 Waiver: In-House Lawyer Must Produce Privileged Memo Reviewed Prior to Deposition appeared first on Presnell on Privileges
We primarily but not exclusively see this phenomenon in employment-related cases, and particularly retaliation cases. The employee-later-to-become-plaintiff communicates with the employer’s in-house lawyer. In a subsequent lawsuit, the employee-now-plaintiff includes her conversations with the in-house lawyer in the Complaint’s allegations. What can the employer do? One court provided some guidanceKeep Reading this POP Post The post Practice Tip: Responding to Complaint Allegations that Contain Privileged Information appeared first on Presnell on Privileges.…
We primarily but not exclusively see this phenomenon in employment-related cases, and particularly retaliation cases. The employee-later-to-become-plaintiff communicates with the employer’s in-house lawyer. In a subsequent lawsuit, the employee-now-plaintiff includes her conversations with the in-house lawyer in the Complaint’s allegations. What can the employer do? One court provided some guidanceKeep Reading this POP Post The post Practice Tip: Responding to Complaint Allegations that Contain Privileged Information appeared first on Presnell on Privileges.…