#Privileges

Kirk Hartley

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,...

Kirk Hartley

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...

Kirk Hartley

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...

Kirk Hartley

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,...

Kirk Hartley

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,...

Kirk Hartley

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...

Kirk Hartley

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...

Kirk Hartley

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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