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  • Article

    Can 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 & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Can 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 & Arbitration
    McGuireWoods LLP
McGuireWoods LLP
  • Article

    Can 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 & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Can 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 & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Court Analyzes Possible Privilege Protection For Communications With Public Relations Consultants

    Corporations and their lawyers frequently work with public relations consultants when facing ongoing or anticipated litigation.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Court Analyzes Rule 30(b)(6) Witness's Preparation Duties

    Under Fed. R. Civ. P. 30(b)(6), an entity must prepare a designated witness to testify about specified topics.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Court Orders A Litigant To Answer Contention Interrogatories

    Contention interrogatories highlight the critical role of timing in the work product doctrine context.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Decisions Highlight The Importance Of Lawyers Documenting The Basis For A Work Product Claim: Part I

    Clients and lawyers should remember the logistics of a privilege dispute.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Does A Party Waive The Attorney-Client Privilege By Seeking Damages That Include Its Attorney's Fees?

    Although most courts protect as privileged specific portions of attorneys' bills that reflect privileged communications, the client can waive that protection.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    New UK Bribery Act: Companies with any Business in UK are at Risk

    There is a new UK Bribery Act which impacts any company conducting business in the UK – regardless of transaction size or method of payment (i.e., through a subsidiary, agent, online facility, representative office, or being listed on the London stock exchange).
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Two Federal Courts Assess A Prospective Client's Privilege Protection On The Same Day

    Communications between a lawyer and a prospective client can involve ethics (confidentiality and conflicts) issues, as well as privilege protection issues.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    What 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 & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    When 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 & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Fitbit IPO Cyber Risk Disclosures

    Earlier 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 StatesPrivacy
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Target And Visa Announce $67 Million Settlement

    This 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 StatesPrivacy
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Arlington County, Virginia, Adopts Plan Langston Boulevard

    On Nov. 11, 2023, the Arlington County Board adopted Plan Langston Boulevard (PLB) after a nearly five-year planning process.
    United StatesReal Estate and Construction
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Arlington County Virginia Releases Draft Of Langston Boulevard Area Plan

    After 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 Construction
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Trump, Tech Leaders Announce AI Infrastructure Investment Plan, Boon To Data Center Industry

    On 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 Construction
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    European Commission's Second Report on Patent Settlements in the Pharmaceutical Sector in the EU

    On July 6, 2011, the European Commission adopted its second report on the monitoring of patent settlements in the pharmaceutical sector in the EU.
    European UnionIntellectual Property
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Longest Antitrust Prison Sentence Handed Down Last Week

    On December 6, 2013, Frank Peake, former president of Sea Star Line, was sentenced to five years in prison and a $25,000 criminal fine.
    United StatesAntitrust/Competition Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Showing 401–420 of 3630 results

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