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Privilege

Court Provides Useful Guidance for Preparing a Defensible Privilege Log

In earlier times, litigants essentially trusted each other to withhold (without identifying) responsive documents protected by the attorney-client privilege or the work product doctrine. Now every court seems to require a privilege "log" listing the withheld documents (although the Federal Rules do not require such a "log").

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Legal Operations

When and How to Work with an Expert Witness

Simon Hems, McGuireWoods partner in international dispute resolution, and Mark Thompson, founder of Epeus Consulting, share their experiences in conversation.

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Privilege

Texas Courts' Contradictory Approach to the Common Interest Doctrine

The common interest doctrine sometimes allows separately represented clients to avoid the normal privilege waiver implications when sharing their privileged communications.

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Privilege

Court Addresses Privilege Protection for Litigation Holds

Companies in or anticipating litigation normally impose litigation holds. If litigation ensues, does the attorney-client privilege or the work product doctrine protect the content of such a hold or the fact of its imposition?

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Privilege

Courts Assess Protection for Lawyers’ Billing Entries: Part II

Last week's Privilege Point described courts' varied approaches to losing litigants' efforts to discover the winning lawyers' billing entries when the winners seek recovery of their attorney's fees.

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Privilege

Courts Assess Protection for Lawyers’ Billing Entries: Part I

Winning litigation parties sometimes seek recovery of the money they spent on their lawyers — either as a damage element or under a fee-shifting legal doctrine or contract provision.

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Privilege

Minnesota Recognizes the Common Interest Doctrine

Under the common interest doctrine, separately represented clients can avoid the normal waiver implications of sharing privileged communications by entering into a contractual arrangement.

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