Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Mintz ordered by Published Date Descending.
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Discoverability Of Third Party Funding Documents In Arbitration – Part II
In January, in Part I of this post, we discussed the "relevance" factor in determining the discoverability of litigation funding agreements and correspondence with funders. (For these purposes, the word "litigation" means adjudicated dispute resolution generally.)
United States
2 Apr 2019
Will The GDPR Ease Cross-Border Data Transfers For Purposes Of E-Discovery?
As the clock ticks down to May 25, 2018, when the European Union's General Data Protection Regulation ("GDPR") becomes fully enforceable throughout the EU ...
European Union
13 Apr 2018
Pre-Arbitration Discovery: Turn To State Law Where The Federal Rules Are Inadequate
As discussed in an earlier post, obtaining discovery from a non-party to an arbitration often is easier said than done.
United States
27 Mar 2018
USPTO Publishes New Rule Governing Privilege For Patent Attorneys And Agents
Earlier this week, the United States Patent and Trademark Office ("USPTO") published a new rule governing when privilege exists for communications between clients and their domestic ...
United States
15 Nov 2017
The Wells Fargo PII Epic Fail – Chapter II
The law firm that inadvertently produced records containing personally-identifying information ("PII") relating to 50,000 Wells Fargo customers in response to a third-party subpoena...
United States
25 Sep 2017
Federal Circuit Says PTO Submissions Can Waive Privilege To Future Communications
The court held that the District Court for the Northern District of California did not clearly abuse its discretion in evaluating the proper scope of waiver.
United States
21 Aug 2017
Monkey See… Now, How NOT To Do
Wells Fargo's inadvertent production of personal identifying information ("PII") in a case involving a former employee became national news when the New York Times broke the story late last week.
United States
1 Aug 2017
Knock, Knock, Knocking On Menon's Door
In a decision sure to have wide-ranging implications for cross-border discovery and governing privacy regimes, the Supreme Court recently held in Water Splash, Inc. v. Menon, that the Convention...
United States
13 Jul 2017
Proposed Class Action Fairness Act Could Negatively Affect Institutions' Securities Class Action Recovery
Recently introduced legislation pending before the U.S. House of Representatives attempts to make wide-sweeping reforms to the procedural rules governing class actions and, if implemented,
United States
6 Mar 2017
Are Your HR Investigation Notes Protected Against Disclosure? Maybe, Maybe Not
The work product privilege or rule protects material from disclosure where a party or its representative prepared the material in anticipation of litigation or for trial.
United States
22 Apr 2016
The Federal Circuit Newly Recognizes Patent-Agent Privilege
Queen's University, located in Ontario, Canada, sued Samsung for patent infringement. Throughout fact discovery, Queen's University refused to produce certain documents it believed contained privileged information.
United States
16 Mar 2016
Immigration-Related Documents And Information Not Discoverable In Wage And Hour Lawsuit
A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information.
United States
24 Jul 2015
The Consequences Of Waiving The Attorney-Client Privilege
The Court's order illuminates the danger to both parties inherent in the use of attorneys as witnesses.
United States
25 Jun 2015
ITC Affirms Joint And Several Liability Of Counsel For Payment Of Monetary Sanctions Based On Client's Spoliation Of Evidence
On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender's Initial Determination in Investigation No. 337-TA-883.
United States
20 May 2015
Delaware Supreme Court Holds That Court Of Chancery Can Restrict Forum Where Books And Records Can Be Used
Previously we have discussed Delaware court decisions upholding forum selection bylaws requiring suits involving a corporation’s internal affairs to be filed in a specified court, such as the Delaware Court of Chancery (see posts here and here).
United States
31 Dec 2014
A Recent D.C. Circuit Court Of Appeals Decision Calms Employer Fears That Internal Investigations May Not Be Privileged And Lays Out Roadmap To Protect Attorney-Client Privilege
A recent decision from the D.C. Circuit reaffirmed that a company’s internal investigations are protected from disclosure in litigation by the attorney-client privilege.
United States
9 Jul 2014
Massachusetts High Court Permits Compelled Decryption Of Seized Digital Evidence
A divided Massachusetts Supreme Judicial Court held that a court may compel a criminal defendant to provide the password to encrypted digital evidence.
United States
26 Jun 2014
Lessons To Be Learned From FCA Defendant Who Provided Attorney Work Product To OIG
Health care companies should consider the potential strategic implications of a decision compelling an FCA defendant to produce attorney work product to a relator.
United States
10 Jun 2014
Merck Compelled To Disclose Documents; Confidentiality And Privilege Waived With Prior Disclosure To Government
A court has ruled that Merck’s production of documents to the government under a confidentiality agreement during the Vioxx investigation waived any confidentiality or privilege.
United States
20 Dec 2012
Sanctions Imposed On Qui Tam Counsel For Failing To Meet Ethical Standards Relating To The Use Of Privileged Documents
Relators and their counsel are being held accountable for the misuse of qui tam defendants’ confidential and privileged documents in connection with lawsuits alleging violations of the False Claims Act (FCA).
United States
1 Feb 2012
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