ArticleCan Denying That A Privileged Communication Took Place Ever Waive The Attorney-Client Privilege?In most situations, a client's denial that an attorney-client communication occurred does not waive the client's privilege. United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleCan Disclosure Of Historical Facts Ever Waive The Privilege?Historical facts do not deserve attorney-client privilege protection, although the privilege can shield from discovery communications between clients and their lawyers about those facts. United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleCan The Work Product Doctrine Protect Intangible Work Product?The Fed. R. Civ. P 26(b)(3) refers to "documents and tangible things that are prepared in anticipation of litigation or for trial", but most courts also protect intangible work product, either ignoring the rule's literal language or relying on a parallel federal common law work product doctrine.United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleCan The Work Product Doctrine Protect Oral Communications?The federal work product rule and its state counterparts on their face protect only "documents and tangible things." Fed. R. Civ. P. 26(b)(3)(A). United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleCourt Analyzes Possible Privilege Protection For Communications With Public Relations ConsultantsCorporations and their lawyers frequently work with public relations consultants when facing ongoing or anticipated litigation.United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleCourt Analyzes Rule 30(b)(6) Witness's Preparation DutiesUnder Fed. R. Civ. P. 30(b)(6), an entity must prepare a designated witness to testify about specified topics.United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleCourt Analyzing A Company's Privilege And Work Product Claims Focuses On The "Four Corners" Of The DocumentsCourts must sometimes examine the context of documents in determining whether they deserve privilege or work product protection.United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleCourt Orders A Litigant To Answer Contention InterrogatoriesContention interrogatories highlight the critical role of timing in the work product doctrine context. United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleCourts Issue Practical Rulings On Privilege LogsSome courts have adopted unrealistically strict rules about privilege logs, such as a requirement to list every person who learned a withheld document's content. United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleNew Complaint – SEC V. George S. Blankenbaker, Et Al.The SEC filed a civil action against the defendants, an individual and three of his companies, based upon their illegal offering scheme that preyed primarily on the elderly.United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleTwo Federal Courts Assess A Prospective Client's Privilege Protection On The Same DayCommunications between a lawyer and a prospective client can involve ethics (confidentiality and conflicts) issues, as well as privilege protection issues.United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleWhat Level Of Protection Does "Opinion" Work Product Deserve?Under Fed. R. Civ. P. 26(b)(3)(B), a court concluding that an adversary can overcome a litigant's work product protection "must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the litigation." United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleWhen Can A Litigant Overcome The Adversary's Fact Work Product Protection?Unlike the absolute attorney-client privilege (and the absolute or nearly absolute opinion work product doctrine protection), a litigant can overcome the adversary's fact work product protection...United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleFitbit IPO Cyber Risk DisclosuresEarlier this month, fitness-tracking company Fitbit, Inc. filed a Form S-1 Registration Statement for an IPO of up to $100 million that exhaustively disclosed potential cybersecurity risks with respect to the personal data the company collects.United StatesPrivacyMcGuireWoods LLP
ArticleTarget And Visa Announce $67 Million SettlementThis deal is significant in a number of ways, not the least of which is its size – $67 million represents a significant settlement amount for a single data security suit. United StatesPrivacyMcGuireWoods LLP
ArticleArlington County, Virginia, Adopts Plan Langston BoulevardOn Nov. 11, 2023, the Arlington County Board adopted Plan Langston Boulevard (PLB) after a nearly five-year planning process.United StatesReal Estate and ConstructionMcGuireWoods LLP
ArticleArlington County Virginia Releases Draft Of Langston Boulevard Area PlanAfter several years of planning and community outreach, Arlington County, Virginia, released the draft Langston Boulevard Area Plan on June 23, 2023.United StatesReal Estate and ConstructionMcGuireWoods LLP
ArticleCalifornia Expands Protections For Employees Who Use Recreational CannabisEffective Jan. 1, 2024, California employers may not inquire about employees' prior use of cannabis, even if the employer learns of that prior use from an employee's criminal history.United StatesReal Estate and ConstructionMcGuireWoods LLP
ArticleFairfax County Site-Specific Plan Amendment Nominations Open Jan. 13, To Real Estate Owners, DevelopersThe Fairfax County Site-Specific Plan Amendment (SSPA) Process, which opens almost the entire county up for comprehensive plan amendments...United StatesReal Estate and ConstructionMcGuireWoods LLP
ArticleTrump, Tech Leaders Announce AI Infrastructure Investment Plan, Boon To Data Center IndustryOn Jan. 21, 2025, President Donald Trump, alongside OpenAI CEO Sam Altman, Oracle Chairman Larry Ellison and Softbank CEO Masayoshi Son, announced a private sector plan to invest billions of dollars.United StatesReal Estate and ConstructionMcGuireWoods LLP