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  • Article

    Pre-Award Bid Protests – Don’t Forfeit Your Rights

    A recent bid protest decision highlights one of the most common reasons for protest dismissals – the failure to challenge a solicitation before the proposal due date.
    United StatesGovernment, Public Sector
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    U.S. Sentencing Commission Dangles A Compliance Carrot In Front Of Corporate Defendants

    Corporations were given a significant incentive to revisit their compliance programs this week, as the U.S. Sentencing Commission (the Commission) made public a proposed policy change that would offer substantial benefits to corporate defendants who could demonstrate that they have an adequately designed and deployed program for combating white collar crime.
    United StatesGovernment, Public Sector
McGuireWoods LLP
McGuireWoods LLP
  • Article

    ICE Notice of Inspection Leads to Over $1 Million Fine

    On September 28, 2010, ICE announced a settlement with clothing retailer Abercrombie & Fitch requiring the Company to pay a $1,047,110 fine.
    United StatesImmigration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    ICE Notice of Inspection Leads to Over $1 Million Fine

    On September 28, 2010, ICE announced a settlement with clothing retailer Abercrombie & Fitch requiring the Company to pay a $1,047,110 fine.
    United StatesImmigration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Deadline Looms For Cloud Computing And IT Service Contract Compliance

    If your corporate IT "cloud" casts a shadow in Massachusetts, you have mere weeks to finalize the compliance program for your IT service contracts or face the thunderstorm of penalties under that state’s data security law.
    United StatesMedia, Telecoms, IT, Entertainment
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    More Courts Address The Common Interest Doctrine

    Under the common interest doctrine, separately represented clients can sometimes avoid waiving the privilege when sharing privileged communications with others who have a common legal interest.
    United StatesMedia, Telecoms, IT, Entertainment
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Departments Of Justice, Commerce And Treasury Issue Tri-Seal Compliance Note On Voluntary Self-Disclosure Of Potential Violations

    On July 26, 2023, the U.S. Department of Justice's National Security Division, U.S. Department of Commerce's Bureau of Industry and Security...
    United StatesInternational Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Another Court Deals With Foreign In-House Lawyers

    Most foreign countries do not extend privilege protection to communications to and from in-house lawyers, so United States companies normally seek to apply U.S. privilege law when discovery disputes in U.S. courts involve overseas communications.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Can The Work Product Doctrine Protect "Intangible" Work Product?

    Among many variations in analyses of the work product rule, courts disagree about whether the doctrine only applies to "documents and tangible things".
    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

    Class Actions As ADR

    Houston law professor D. Theodore Rave's new paper "Settlement, ADR, & Class Action Superiority" (forthcoming from the "Journal of Tort Law") contains an interesting insight about class action practice:
    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 Address "Discovery About Discovery": Part II

    Last week's Privilege Point described a court's complicated approach to lawyers' deposition preparation sessions and adversaries' efforts to determine if the preparation refreshed a witness's recollection.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Courts Apply The Crime-Fraud Exception

    Courts Apply the Crime-Fraud Exception Every court recognizes that neither the attorney-client privilege nor the work product doctrine should protect communications that further the client's criminal or fraudulent conduct.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Courts Assess Whether Client And Lawyer Agents Are Inside Or Outside Privilege Protection: Part I

    Lawyers and most clients understand that disclosing privileged communications to adversaries waives that delicate protection.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Courts Disagree About Basic Work Product Principles: Part II

    Last week's Privilege Point described three different levels of protection three courts provided to opinion work product in about a three-week period.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Delaware Federal Court Addresses the Common Interest Doctrine

    As discussed in a number of previous Privilege Points, the common interest doctrine can allow separately represented corporations to avoid waiving the privilege when they share protected communications with each other -- but only under very narrow circumstances.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Does The Work Product Doctrine Protect The Identity Of Documents A Witness Reviews Before Testifying?

    Under what is commonly called the Sporck doctrine, the opinion work product doctrine can sometimes protect the identity of certain documents that do not themselves deserve intrinsic privilege or work product protection, as long as the adversary also has the documents and the identity could reflect a lawyer's opinion.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Does The Work Product Doctrine Protect The Identity Of Witnesses A Lawyer Thought Important Enough To Interview?

    One of the most amorphous work product concepts involves the identity of important but intrinsically non-protected witnesses, documents, etc., that a lawyer selects out of a larger universe.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP

    • Showing 901–920 of 3625 results

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