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Holland & Knight
As a general proposition, a client's identity is not protected by the attorney-client privilege and is therefore subject to subpoena.
A mandamus petition is an extraordinary remedy that seeks to compel a lower court to take action in extraordinary cases.
Pillsbury Winthrop Shaw Pittman LLP
As of today, there are reportedly more than 90,000 confirmed cases of COVID-19, with the virus having reached every continent except Antarctica.
Lincoln Derr PLLC
While our profession as a whole has experienced many changes, central and unchanged among them has been its dedication to service and community.
Torres Law, PLLC
In 2019, the U.S. Department of Commerce Bureau of Industry and Security ("BIS") entered into six settlement agreements with companies (not including individuals) for export violations of the Export
Hogan Lovells
2019 marked a new beginning for Hogan Lovells with the launch of the global, cross-practice Crisis Leadership Team.
Proskauer Rose LLP
When a plan administrator is attending to a benefit claim and thinks it is time to call in an attorney, are those discussions privileged and protected from disclosure to claimants?
A company's general counsel learns that an executive assistant has made an internal report of sexual harassment against the CEO.
Hogan Lovells
Some high-level considerations regarding what a company could do before and when faced with a government investigation.
Cleary Gottlieb Steen & Hamilton LLP
One critical issue to consider in responding to an investigative request is whether by producing the requested data, the company will be waiving a privilege or violating legal confidentiality obligations.
Duane Morris LLP
The burden of proving that the attorney-client privilege applies to a particular communication is on the party asserting the privilege.
Gibson, Dunn & Crutcher
A Delaware bankruptcy court has held that a special committee's advisors cannot withhold privileged documents from a liquidation trustee appointed pursuant to a chapter 11 plan.
Kramer Levin Naftalis & Frankel LLP
In a recent decision, the Delaware Court of Chancery ruled that the seller in a merger could enforce a provision in the merger agreement protecting its privilege over premerger emails with its counsel.
Morrison & Foerster LLP
The Upper House (sangi-in) on June 19, 2019, finally passed the bill to make major amendments to the Anti-Monopoly Act (the "AMA")–the Japanese antitrust law.
Cleary Gottlieb Steen & Hamilton LLP
Choices made at the outset of a crisis can play a critical role in a company's ability to maintain future privilege claims. Recent cases highlight the risks of:
Cadwalader, Wickersham & Taft LLP
In a case concerning violations of the Investment Advisors Act, the U.S. District Court for the Southern District of New York ("SDNY") held that compliance communications are not protected.
Reed Smith
It is a fairly common situation. A company is facing an issue that someone thinks the board of directors ought to know about, so general counsel retains outside counsel to provide advice
Shearman & Sterling LLP
In Shareholder Representative Services LLC v. RSI Holdco, LLC, C.A. No. 2018-0517-KSJM (Del. Ch. May 29, 2019), the Delaware Court of Chancery applied guidance from its earlier ruling
Cooley LLP
In June 2019 we wrote about the Crime (Overseas Production Orders) Act 2019 (COPOA), an unheralded piece of legislation that created a framework for the government
Cleary Gottlieb Steen & Hamilton LLP
These communications are a necessary part of any investigation and response, they also carry significant risk.
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