Topic
Work Product Doctrine
208 published works
Chicago IP Litigation
Joint Defense Agreement May Protect Third Party Communications
Trading Techs. Int'l., Inc. v. eSpeed, Inc., No 04 C 5312, 05 C 1079, 05 C 4088, 05 C 4120, 05 C 4811 & 05 C 5164, 2007 WL 704525…
New Jersey Law Blog
Counsel’s Selection and Compilation of Discoverable Documents Should Be Protected Under the Work Product Doctrine
The Federal Courts have protected compilations under what has been termed the "selection and compilation" theory of the work product doctrine. Federal Courts have held that, in cases that involve…
Chicago IP Litigation
Scope of Waiver of Attorney-Client Privilege and Work Product Protection
Beck Sys., Inc. v. ManageSoft Corp., No. 05 C 2036, 2006 WL 2037356 (N.D. Ill. July 14, 2006) (Schenkier, Mag. J.).In considering the scope of attorney-client privilege and work product…
White Collar Crime Prof Blog
NACDL Survey on the Erosion of the Attorney-Client Privilege
By Ellen Podgor
The National Association of Criminal Defense Lawyers (NACDL) recently conducted a survey that demonstrates that the attorney-client is definitely under attack. The results of the survey can be found on…
Corporate Governance and Compliance
Work Product Privilege; Piercing Corporate Veil; Unjust Enrichment
By Ken Shigley
The McKesson - HBOC merger led to a legal morass due to allegations of accounting irregularies at HBOC. A few months later, McKesson discovered that, due to accounting fraud, HBOC's…
Labor Law Prof Blog
Union Avoidance and Malpractice Lawsuit
Great article on today's New York Times - How Do You Drive Out a Union? South Carolina Factory Provides a Textbook Case (by Steven Greenhouse). Greenhouse describes the no so…
California Employment Law Update
Documents Exchanged Between Parties To Joint- Defense Agreement Should Have Been Examined By Court
By Tony Oncidi
Oxy Resources Cal. LLC v. Superior Court, 115 Cal. App. 4th 874 (2004) Oxy Resources and EOG Resources entered into a complex transaction whereby they exchanged interests in a number…
California Employment Law Update
Company Waived Attorney-Client Privilege By Providing Documents To The Government
By Tony Oncidi
McKesson HBOC, Inc. v. Superior Court, 115 Cal. App. 4th 1229 (2004) After McKesson publicly disclosed that its auditors had discovered improperly recorded revenues at a McKesson subsidiary, it became…