Searching Content indexed under Disclosure & Electronic Discovery & Privilege by McDermott Will & Emery ordered by Published Date Descending.
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Information Rights Of Conflicted Director
This decision arose from litigation involving a public company and directors appointed by a controlling shareholder who had been opposed to the underlying transaction.
United States
29 Aug 2018
New PTO Rule On Attorney-Client Privilege Before The PTAB
A foreign jurisdiction practitioner is a person who is authorized to provide legal advice on patent matters in a foreign jurisdiction.
United States
5 Dec 2017
Court Construes "Hydrate" To Require Crystalline Form Following Battle Of The Experts
Addressing the issue of the proper construction of claims to a trihydrate compound, the US District Court for the District of New Jersey concluded that a person of ordinary skill in the art (POSA)...
United States
23 Aug 2017
THE LATEST: Limiting Early Discovery In Parallel Criminal And Civil Cases
Companies are increasingly facing parallel proceedings involving government investigations and follow-on private litigation. These complex cases often involve competing interests between the parties that can influence a judge's determination on discovery timing and process.
United States
9 May 2017
Foreign Discovery Under 28 US Code Section 1782 In French Proceedings
The foreign discovery rules under 28 US Code Section 1782 provides countries where discovery is either forbidden or severely restricted, with a competitive advantage in international litigation.
15 Dec 2016
Criminal Charges For Executive Stemming From Discovery Responses In DOJ Civil Antitrust Litigation
Former VP and director of information technology of Coach USA, Inc., Ralph Groen, entered a guilty plea for concealing and attempting to destroy documents and giving false and misleading statements under oath.
United States
26 Oct 2016
General Counsel's Growing Prominence May Prompt Privilege Problems
Michael Peregrine and William Schuman wrote this bylined article on how the emerging best practice of granting general counsel greater organizational prominence can have an unintended consequence...
United States
7 Oct 2016
Privileged Materials Provided Without Taxpayers' Consent Should Not Waive Privilege
In today's tax environment and with the potential monetary awards to whistleblowers under Internal Revenue Code (Code) Section 7623...
United States
20 Sep 2016
Can Transaction Parties Rely On The Common Interest Privilege?
Alison Nadel and Erika Pont wrote this bylined article on whether parties to a transaction should share legal advice among themselves to save money and time.
United States
2 Sep 2016
Tax Court (Again) Rejects IRS Use Of Secret Subpoenas
On July 8, 2016, Judge Mark V. Holmes of the US Tax Court issued an order in Ernest S. Ryder & Associates, Inc., APLC, et al., v. Commissioner.
United States
12 Jul 2016
Two Current Tax Controversies Utilize ‘Quick Peek' Agreements To Resolve Privilege Disputes
Due to the enormous amount of electronic data stored by companies in the modern era, discovery requests can involve millions of documents which need to be reviewed prior to being turned over to the opposing party.
United States
1 Jun 2016
First Circuit Rules On Crime-Fraud Exception To Attorney-Client Privilege
The crime-fraud exception to the attorney-client privilege sometimes becomes an issue in government enforcement matters, including litigation under the False Claims Act.
United States
4 Jan 2016
Tax Court Order Reaffirms That State Of Mind Defense Waives Attorney-Client Privilege
In Eaton Corp. v. Commissioner, No. 5576-12 (2015), Special Trial Judge Daniel A. Guy, Jr. reinforced the U.S. Tax Court's controversial opinion from AD Investment 2000 Fund LLC v. Commissioner, 142 T.C. 248 (2014).
United States
16 Dec 2015
Digital Due Diligence: Uncovering Violations In China
This year's historic stock market rise and crash was only the most visible sign of overall economic turmoil in China.
22 Sep 2015
D.C. Circuit Declines To Eviscerate Attorney-Client Privilege In Internal Investigations
There are several lessons to be gleaned from the D.C. Circuit's second opinion in the KBR/Barko litigation.
United States
13 Aug 2015
Court Allows Former Employee To Retain Company Documents Relevant To Potential FCA Claim
Despite the defendant's request, the Northern District of Illinois allowed the relator to retain the defendant's documents relevant to his FCA claims, even though he had not obtained them in discovery.
United States
7 Jul 2015
Tax Court Holds That Inadequate Privilege Log Subjects Putatively Privileged Documents To Disclosure
The IRS has broad authority to request information from taxpayers during an examination or in discovery in a docketed tax case.
United States
2 Jun 2015
Contempt Charge Vacated Based On Valid Assertion Of Attorney Client Privilege
Finding that a district court had not provided procedural due process to an attorney for a sanctioned party, and that the district court abused its discretion in imposing sanctions for civil contempt against the attorney.
United States
11 Mar 2015
SEC Sanctions Chinese Accounting Firms For Refusal To Surrender Documents
On February 6, 2015, the U.S. Securities and Exchange Commission (SEC) imposed sanctions against four China-based accounting firms for their refusal to surrender documents...
United States
18 Feb 2015
Deposition Of Declarants Is Limited After Routine Discovery
The Board noted that "the declaration was not served recently" and that the patent owner had been in possession of the declarations "for some time."
United States
21 Jan 2015
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