Privilege
More Privilege Articles
Privilege
Plaintiff Relying on a Former Lawyer’s Testimony Can’t Avoid a Privilege Waiver
Most courts hold that a litigant does not automatically waive privilege protection by listing a former lawyer as a witness – because that lawyer might testify about non-privileged facts. But not surprisingly, such a step can have disastrous results if the litigant and her current lawyer do not think ahead.
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You Textin' to Me? Robert De Niro Loses a Work Product Claim
Actor Robert De Niro's feud with a former production company manager has generated several opinions by Southern District of New York Magistrate Judge Katharine Parker.
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Plaintiffs Suing Jones Day for Retaliation Must Identify Lawyers With Whom They Consulted Before Filing Their Lawsuit
Last week's Privilege Point addressed a case in which defendant Holland & Knight could withhold the names of clients to whom it provided advice allegedly similar to advice plaintiffs claimed was fraudulent. A few weeks later, another court assessed whether plaintiffs suing Jones Day for alleged retaliation against them for seeking parental leave had to identify lawyers with whom they consulted before suing that law firm.
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