Kirk Hartley
Corporate Mergers and Preservation of Privilege – Delaware Chancery Speaks Again
Questions of law and fact continue to evolved regarding post-merger claims of privilege between buyer and seller. A May 29, 2019...
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Kirk Hartley
- Jul 3, 2018
- 1 min
SFO v ENRC Appeal Underway in UK Regarding Companies and Privilege Related to Alleged Corporate Crim
According to various UK lawyers, the privilege issues inn SFO v. ENRC are critical for companies and lawyers involved in allegations of...
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Kirk Hartley
- May 7, 2018
- 1 min
Updates and Analysis on the Cohen Materials
Todd Presnell blogs on privilege, and is always cogent. This morning (May 7, 2018), he provided a cogent update (with links) to orders on...
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Kirk Hartley
- Nov 8, 2017
- 1 min
“Reduction in Price for Company Facing Litigation Is Discoverable”
Can discovery be taken about a sale price discount for a company when the discount purportedly is to account for litigation risk? Yes,...
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Kirk Hartley
- Jun 14, 2017
- 1 min
“Attorney-Client Privilege and Corporate E-Mail: Navigating the Morass of Personal Communicati
The ubiquity of email and 24/7 work are creating new privilege issues. Some are addressed an interesting June 9, 2017 JD Supra article...
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Kirk Hartley
- Feb 15, 2017
- 1 min
Latham’s Commentary on UK Developments: “Reserving Privilege for the Few”
Claims for legal advice privilege are becoming more difficult and narrower in the EU, according to a February 10, 2017 article published...
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Kirk Hartley
- Jun 17, 2016
- 1 min
NY Court of Appeals Limits Claims for Common Interest Privilege in m&A
A new (June 9, 2016) opinion from the New York Court of Appeals significantly limits claims to a common interest privilege in connection...
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Kirk Hartley
- Sep 22, 2014
- 1 min
Categorical Privilege Logs – How Will They Work?
Are categorical privilege logs the future in New York, and if so, how will that work? Gibson Dunn lawyers provide some views and a brief...
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Kirk Hartley
- May 15, 2013
- 1 min
Ponzi Scheme Lawyers Losing Privilege ?
How far does privilege go when lawyers apparently have knowledge of a Ponzi scheme? Perhaps not far enough to block a duty to speak,...
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Kirk Hartley
- Jun 12, 2012
- 1 min
Can Big Tobacco Hide behind a Claim of Parliamentary Privilege
The idea is to me hard to grasp, but the Canadian tobacco trial today focused much time on the tobacco companies claiming "parliamentary...
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Kirk Hartley
- May 4, 2012
- 2 min
Selective Waiver of Privilege Rejected Again
The 9th Circuit recently joined the group of federal circuit courts rejecting selective waiver of privilege. The opinion is analyzed in...
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Kirk Hartley
- Aug 24, 2011
- 1 min
Illinois Court Rejects Claim of Medical Act Privilege for Statistical Data on Infection Rates
Here’s a summary of an interesting Illinois opinion in Zangara v. Advocate Christ Medical Center . Nos. 1–09–1911, 1–09–1914 (June 10,...
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Kirk Hartley
- Jun 9, 2011
- 1 min
Public Entity Waiver (or Not) of Privilege After Announcing the Outcome of a Post-Incident Investiga
For better or worse, opinions from lawyers are now tightly woven into management of government agencies and private businesses. Indeed,...
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Kirk Hartley
- Sep 15, 2010
- 1 min
European Court of Justice Rejects Attorney-Client Privilege Claim for Inside Counsel
The Akzo Nobel ruling is out from the European Court of Justice, and rejects the attorney-client privilege claim for activities of inside...
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Kirk Hartley
- Nov 19, 2009
- 2 min
State Secrets Privilege – Should The Alleged Victim Be Compensated When the Government Chooses
Here is an interesting NLJ article on the state secrets privilege from a law professor and dean with an impressive background in both...
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Kirk Hartley
- Sep 24, 2009
- 2 min
United States to Limit Use of the State Secrets Privilege for Civil Litigation ?
This September 23 NYT article by Charlie Savage describes Obama administration plans to deploy rules that limit the use of the state...
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About Kirk
Since becoming a lawyer in 1983, Kirk’s 35+ years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”
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