More Privilege Articles

Two recent intellectual property cases highlight courts' widely varying approaches to the common interest doctrine protection.

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Privilege

Defendant’s Sloppy Language and Log Doom Work Product Claim

Litigants asserting work product protection must (if called upon to do so) identify the exact moment when they first anticipated litigation, and consistently apply that date when withholding and logging documents.

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Last week's Privilege Point summarized a case confirming non-testifying experts' general immunity from discovery — absent "exceptional circumstances" such as destructive testing. Ten days later, another court addressed discovery of what are called "dual hat" experts — providing both consulting advice and testimony.

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