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Lawyers representing corporations or other entities during investigations routinely interview former employees. Those intangible interviews and any resulting documentation presumably deserve...

The qui tam provisions of the False Claims Act (FCA) are broad in scope and permit a wide array of individuals to pursue FCA litigation as relators acting on behalf of the Government.

The named plaintiff sued the defendant for sending him a debt collection letter that implied he could face garnishment of his wages if he did not pay his debt.

Client agents/consultants normally fall outside privilege protection, unless they help facilitate communications between the client and lawyer.

On Sept. 19, 2023, the Virginia Court of Appeals held in Fogleman v. Commonwealth of Virginia, that the General Assembly has not waived sovereign immunity under the Virginia Human Rights Act...

Not right away, but it's thrown down the gauntlet. In denying certiorari in Marek v Lane, Chief Justice Roberts took the time to issue an accompanying opinion.

Class action lawyers are well aware that the burden to affirmatively demonstrate compliance with Rule 23 rests on the plaintiffs.

Appellate courts traditionally allowed several options for seeking interlocutory appeals of trial court rulings ordering the disclosure of privileged communications or documents.

Most states have adopted the same or essentially the same language found in the federal work product rule, Fed. R. Civ. P. 26(b)(3)(A).

Under the Federal Rules and parallel state rules, litigants may use what are called "contention interrogatories" to explore adversaries' factual support for their legal contentions.

Some courts rely on affidavits or some other extrinsic evidence when assessing a protection claim – rather than a reviewing of the documents themselves, while other courts takes exactly the opposite position.

The attorney-client privilege clearly belongs to the client alone, although the client's lawyers must assert the privilege when they can.

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.

On Dec. 20, 2023, the Federal Trade Commission announced its intent to file a notice of proposed rulemaking related to the Children's Online Privacy Protection Rule — the first proposed changes...

The Information Technology Subcommittee of the Committee on Government Oversight and Reform of the US of House of Representatives last Wednesday held a hearing on encryption technology...

In 2014, grocers and restaurants continued to be plagued by attacks leading to the theft of credit card information.

Perhaps signaling increased scrutiny of Safe Harbor Framework certification, the Federal Trade Commission announced recently that it settled 12 enforcement actions where companies had allegedly falsely asserted compliance with the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks.

The law addresses "ambiguities in the existing law, for instance clarifying that municipal agencies are subject to its provisions," according to a statement by Sen. Louis DiPalma's office.