Privilege
More Privilege Articles
Just about the time that extensive pre-trial discovery started, the Supreme Court recognized a new evidentiary protection – extending beyond the attorney-client privilege, and motivated by the understandable requirement that each litigant should do its own discovery work.
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If a Court Finds Attorney-Client Privilege Waiver, Must It Also Consider Work Product Waiver?
The attorney-client privilege provides absolute protection, but is very fragile. Work product doctrine protection does not provide absolute protection (fact work product protection can be overcome), but is robust.
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Delaware Court Addresses the Privilege Implications of an Evenly Split Corporate Board’s Feud
Not surprisingly, Delaware state courts frequently address privilege issues triggered by corporate board disputes. Those often guide other states' courts' analyses of similar scenarios.
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