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  • Article

    Court Upholds Bid Protest Stay Override

    Earlier this week, the U.S. Court of Federal Claims ruled against a bid protester seeking to stop performance on NASA’s $6.8 billion commercial space program.
    United StatesGovernment, Public Sector
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Avoiding Waiver When Disclosing Facts To The Government: Part III

    The last two Privilege Points discussed the scope of a privilege and fact work product waiver caused by a company's presentations to the SEC about two internal corporate investigations.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Circuit Courts Explain Privilege Issue Appellate Review Standards

    Attorney-client privilege issues frequently involve a complicated mixture of fact and law. Three circuit court decisions issued in a three-week period explain the basic approach that most courts take.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Colorado Supreme Court Explains The "Confidentiality" Component Of Attorney-Client Privilege Protection

    Every court holds that the attorney-client privilege rests on confidentiality.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Court Offers Good Privilege News For Draft Form 10-K Filings

    Courts disagree about the attorney-client privilege protection's applicability to draft documents whose final version will be publicly disclosed.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Courts Analyze Work Product Doctrine Variations: Part II

    Last week's Privilege Point used two cases to address federal courts' surprising variations in the work product doctrine's "litigation" and "anticipation" elements.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    New Jersey Supreme Court Recognizes The Common Interest Doctrine: Part II

    Last week's Privilege Point discussed the New Jersey Supreme Court's recognition of the common interest doctrine. O'Boyle v. Borough of Longport.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Northern District Of California Decision Highlights Wisdom Of Analyzing Both Privilege And Work Product Protection

    The attorney-client privilege provides absolute protection, but can be very difficult to create and easily lost.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Arlington County Adopts New Policies To Transform Commercial Office Buildings

    On Nov. 16, 2024, the Arlington County Board adopted several policies designed to lay the groundwork for office-residential projects in Arlington County, Virginia.
    United StatesReal Estate and Construction
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    E-Discovery Update: Email Threading Cuts Costs, Reduces Production Of Irrelevant, Potentially Privileged Documents

    Email threading is becoming more and more prevalent in the world of e-discovery. It can be a valuable tool for cost-saving and efficiency in document review and production.
    United StatesStrategy
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Reputation Management Is Key In A Competitive Senior Living Marketplace

    When a man's family placed a hidden camera in his senior living residence, it came as a startling surprise to the provider. While the company has a policy against surreptitiously videotaping employees...
    United StatesStrategy
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Changes In Social Security Obligations For EU Foreign Directors Of Belgian Companies

    According to article 3(1) of the Belgian Royal Decree No. 38 of 27 July 1967 on the application of the social security scheme for self-employed persons, agents of a company or association liable to pay Belgian corporation tax or Belgian tax on non-residents are irrebuttably presumed to pursue a professional activity in Belgium as self-employed persons.
    BelgiumEmployment and HR
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    The Democratic Republic Of Congo Finalizes Adhesion To The Organization For The Harmonization Of Business Law In Africa (OHADA)

    The Democratic Republic of Congo finalized at the end of June 2012 its instruments of adhesion to the OHADA in Senegal, depository state of the OHADA Treaty.
    The CongoInternational Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    EU Competition Law Compliance Update

    On Nov. 23, 2011, the European Commission (EC) unexpectedly produced its own guidance on EU competition law compliance (which it calls "a sort of competition highway code"), following the trend set by national regulators in the EU.
    European UnionAntitrust/Competition Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    The CJEU's Google Spain Decision: A Right To Be Forgotten Within The Limits Of The Freedom Of Expression

    In its ruling of May 13, 2014, the Court of Justice of the European Union linked the right to be forgotten to the right to "privacy".
    European UnionPrivacy
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    July Antitrust Bulletin (2012)

    On June 27, 2012, a federal appeals court issued an opinion that reversed prior precedent, extended the reach of federal antitrust law to foreign commerce in certain cases, and revived a class action brought by U.S. purchasers alleging that potash producers had operated a cartel outside the United States that had influenced the price of potash in the United States.
    United StatesAntitrust/Competition Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    March Antitrust Bulletin - 2014

    On March 3, 2014, Gordon D. McDonald was sentenced to 14 years’ imprisonment for his "central role" in bid-rigging, kickback and fraud conspiracies related to two U.S. Environmental Protection Agency Superfund sites in New Jersey.
    United StatesAntitrust/Competition Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    2013 VC Cleantech Summary Report

    VC deals and related capital invested have steadily increased in the last two years; however, cleantech investment has been decreasing since 2012, with this year being the slowest since 2007, says the latest Pitchbook report.
    United StatesCorporate/Commercial Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    IRS Rules Retention Arrangement Violates 409A

    In a Chief Counsel Memorandum issued last month, the IRS concluded that an executive retention arrangement violated Section 409A despite the employer's efforts to correct the arrangement before the retention bonus vested.
    United StatesCorporate/Commercial Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    The Attorney-Client Privilege Obviously Protects Internal Law Firm Communications, Right?

    The attorney-client privilege protects communications primarily motivated by clients' request for legal advice, and lawyers' response.
    United StatesCorporate/Commercial Law
    McGuireWoods LLP
    McGuireWoods LLP

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