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Defendant appraised the Relator's property and subsequently brought an expropriation suit after Relator failed to sell his property for its appraised value.

Limited Liability Corporations combine the characteristics of corporations and partnerships.

Not surprisingly, a litigant's deliberate disclosure of privileged communications nearly always triggers a waiver, and often a subject matter waiver.

A discussion explaining the work product doctrine.

Courts universally use the term "waiver" when describing clients' loss of privilege protection upon disclosure of privileged communications.

Under Federal Rule of Evidence 502(d), a federal court "may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court."

If DHS is the rock, DOJ is the hard place and employers are stuck in between.

Rebecca Mullis attended an online program for Medical Diagnostic Sonography through Mountain State University.

Trinh Ngoc Pham v. The Church for the Healthy Self, A/K/A CHS Trust, et al. is a putative class action filed in the Superior Court of California seeking damages related to a church-based investment...

The differing waiver rules governing the fragile attorney-client privilege and the robust work product doctrine protection predictably create stark differences...

Large companies increasingly turn to litigation funding as a means of financing commercial litigation.

Overworked judges assessing possible privilege protection for the increasing volume of often-cryptic emails withheld from production understandably look for a client's explicit request for legal advice from a lawyer.

Clients relying on an investigation's result to gain some advantage understandably trigger a subject matter waiver. But some courts recognize that those clients may still claim privilege for some related communications.

Most other countries do not permit the type of intrusive discovery U.S. companies face. But occasionally discovery in U.S. litigation seeks communications to or from the U.S., or even purely overseas communications -- requiring U.S. courts

Federal courts have severely curtailed the availability of interlocutory review of district courts' denial of privilege or work product claims.

In Upjohn Co. v. United States, 449 U.S. 383 (1981), the court interpreted federal common law as extending privilege protection to communications between a company's lawyer and any level of employee, if that employee has facts the lawyer needs when advising the corporate client.

Under Federal Rule of Evidence 612, courts can order the production of privilege or work product protected documents that witnesses review before they testify.

Because work product protection only applies at certain times, clients must be able to identify the exact moment that they first anticipated litigation.