ArticleCourt Upholds Bid Protest Stay OverrideEarlier 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 SectorMcGuireWoods LLP
ArticleAvoiding Waiver When Disclosing Facts To The Government: Part IIIThe 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 & ArbitrationMcGuireWoods LLP
ArticleCircuit Courts Explain Privilege Issue Appellate Review StandardsAttorney-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 & ArbitrationMcGuireWoods LLP
ArticleColorado Supreme Court Explains The "Confidentiality" Component Of Attorney-Client Privilege ProtectionEvery court holds that the attorney-client privilege rests on confidentiality. United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleCourt Offers Good Privilege News For Draft Form 10-K FilingsCourts disagree about the attorney-client privilege protection's applicability to draft documents whose final version will be publicly disclosed.United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleCourts Analyze Work Product Doctrine Variations: Part IILast 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 & ArbitrationMcGuireWoods LLP
ArticleNew Jersey Supreme Court Recognizes The Common Interest Doctrine: Part IILast 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 & ArbitrationMcGuireWoods LLP
ArticleNorthern District Of California Decision Highlights Wisdom Of Analyzing Both Privilege And Work Product ProtectionThe attorney-client privilege provides absolute protection, but can be very difficult to create and easily lost. United StatesLitigation, Mediation & ArbitrationMcGuireWoods LLP
ArticleArlington County Adopts New Policies To Transform Commercial Office BuildingsOn 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 ConstructionMcGuireWoods LLP
ArticleE-Discovery Update: Email Threading Cuts Costs, Reduces Production Of Irrelevant, Potentially Privileged DocumentsEmail 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 StatesStrategyMcGuireWoods LLP
ArticleReputation Management Is Key In A Competitive Senior Living MarketplaceWhen 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 StatesStrategyMcGuireWoods LLP
ArticleChanges In Social Security Obligations For EU Foreign Directors Of Belgian CompaniesAccording 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 HRMcGuireWoods LLP
ArticleThe 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 LawMcGuireWoods LLP
ArticleEU Competition Law Compliance UpdateOn 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 LawMcGuireWoods LLP
ArticleThe CJEU's Google Spain Decision: A Right To Be Forgotten Within The Limits Of The Freedom Of ExpressionIn 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 UnionPrivacyMcGuireWoods LLP
ArticleJuly 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 LawMcGuireWoods LLP
ArticleMarch Antitrust Bulletin - 2014On 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 LawMcGuireWoods LLP
Article2013 VC Cleantech Summary ReportVC 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 LawMcGuireWoods LLP
ArticleIRS Rules Retention Arrangement Violates 409AIn 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 LawMcGuireWoods LLP
ArticleThe 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 LawMcGuireWoods LLP