Privilege
More Privilege Articles
Privilege
Contention Interrogatories: Not If, But When
It should come as no surprise that litigants normally seek discovery about their adversaries' legal contentions and factual support. On the other hand, litigants' lawyers understandably consider their trial strategy and their selection of factual support to be protected work product until they have made final decisions about both. How does the law reconcile these two competing interests?
Read MorePrivilege
S.D.N.Y. Issues Frightening Waiver Decision in Employment Case
Wise employment lawyers know that they should never be the decision makers when a client terminates an employee. Instead, those lawyers should be one of many inputs into the business person's decision to terminate.
Read MorePrivilege
Court Addresses Privilege and Work Product Implications of Due Diligence in Corporate Acquisition – and Probably Gets It Wrong
An acquiring corporation normally conducts due diligence before acquiring an acquisition target. Not surprisingly, the acquiring corporation might seek privileged or work product protected documents or communications during such due diligence. At this due diligence stage, the acquiring company and the target are adversaries – so how do they avoid waiving those protections?
Read More