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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy
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Kirk Hartley
Jun 6, 20191 min read
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, 20181 min read
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, 20181 min read
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, 20171 min read
“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, 20171 min read
“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, 20171 min read
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, 20161 min read
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, 20141 min read
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, 20131 min read
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, 20121 min read
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, 20122 min read
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, 20111 min read
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, 20111 min read
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, 20101 min read
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, 20092 min read
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, 20092 min read
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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