Herrick, Feinstein LLP
On June 3, 2021, U.S. Magistrate Judge Nathanael M. Cousins ruled that ex-Theranos CEO Elizabeth Holmes could not assert attorney-client privilege to block disclosure...
Lindabury, McCormick, Estabrook & Cooper
If you are not already thinking about cybersecurity for your company or firm, you should be. Regardless of your organization's size or industry, cyber crime is probably the greatest threat to your bottom line today.
Miller & Chevalier Chartered
On June 9, 2021, Senator Angus King (I-ME) and Senator Charles Grassley (R-IA) introduced the Accelerating Charitable Efforts (ACE) Act (S. 1981).
Jenner & Block
Jenner & Block Partners David M. Greenwald and Michele L. Slachetka are lead editors of the 2021 edition of Testimonial Privileges,
Pavia & Harcourt
One of the most important points on which lawyers educate their clients is the attorney-client privilege. Usually it is simple, but occasionally it isn't.
The attorney-client privilege protects communications primarily motivated by clients' request for legal advice, and lawyers' response.
The ancient attorney-client privilege: (1) protects communications primarily motivated by clients' request for legal advice, regardless of any litigation on the horizon; and (2) protects...
Seyfarth Shaw LLP
This article provides a summary of recent Delaware decisions on the permissible scope of shareholder books and records demands pursuant to Section 220 of the Delaware General Corporation Law, including whether shareholders may use ...
Butler Snow LLP
Have you ever tried to personally review 15,000,000 pages of electronic documents for privilege and relevance? There comes a time in the discovery process when manual...
The last three Privilege Points (Part I, Part II and Part III) addressed a large law firm's failure to successfully assert privilege or work product protection for its own internal investigation
Seyfarth Shaw LLP
This article provides a summary of recent Delaware decisions on the permissible scope of shareholder books and records demands pursuant to Section 220 of the Delaware General Corporation Law...
Arnold & Porter
A recent Delaware court decision, In re WeWork Litigation, put a spotlight on the risk of corporate employees and directors destroying privilege by communicating through email.
Alston & Bird
On January 12, 2021, a U.S. district judge for the District of Columbia issued an opinion in Wengui v. Clark Hill, PLC granting the plaintiff's motion to compel production of a data breach forensic report and other materials ...
In two recent In re WeWork Litigation decisions, Chancellor Andre G. Bouchard of the Delaware Court of Chancery addressed attorney-client privilege in the corporate governance context
Use by outside directors of non-company email accounts or other non-secure platforms to conduct board business risks waiver of the board's privilege.
Akin Gump Strauss Hauer & Feld LLP
In ongoing multidistrict litigation concerning Capital One's 2019 data breach, Capital One succeeded in defeating a motion to compel disclosure of a privileged root cause analysis conducted by PwC.
Proskauer Rose LLP
New York City apartment living can spawn interesting legal disputes when neighbors fail to resolve their grievances amicably and resort to the courts.
Each episode is short and tackles one question relating to congressional investigations.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A Delaware court permitted discovery about an acquisition agreement, finding a non‑binding pre-acquisition letter of intent did not provide parties with the requisite ...
Proskauer Rose LLP
As the D.C. District Court in Wengui v. Clark Hill recently commented, "[m]alicious cyberattacks have unfortunately become a routine part of our modern digital world.