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Foley & Lardner LLP

Sixth Circuit Affirms Attorney-Client Privilege and Work-Product Protection over Internal Investigation Materials

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Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a “business purpose.” The U.S. Court of Appeals for...more

Husch Blackwell LLP

Seventh Circuit Raises the Bar for Collective Actions, Gives Employers New Tools at the Notice Stage

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The Seventh Circuit’s decision in Richards v. Eli Lilly & Co. represents the most significant shift in collective action procedure in the circuit in decades. For many years, district courts in the circuit have utilized the...more

Fox Rothschild LLP

8 Essential Litigation Tips for In-House Counsel and Business Leaders

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Most business disputes settle. But if you bank on settlement without preparing for trial, you put your company at a disadvantage. The best settlements come when the other side knows you are fully ready for court. That means...more

Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more

Gordon Rees Scully Mansukhani

Redefining Early FLSA Litigation: The Impact of Eli Lilly

On August 5, 2025, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Richards v. Eli Lilly & Co., No. 24-2574, fundamentally reshaping how district courts in Illinois, Indiana, and Wisconsin evaluate...more

McGuireWoods LLP

Missouri Supreme Court Railroad Case’s Upjohn Analysis Goes Off the Tracks: Part II

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Last week’s Privilege Point described the Missouri Supreme Court’s understandable conclusion that a railroad employee did not have a personal attorney-client relationship with railroad lawyers who interviewed her about an...more

Esquire Deposition Solutions, LLC

How AI Is Helping Corporate Legal Departments

According to a recent survey, artificial intelligence gained a significant foothold in corporate legal departments in 2025, where it is being used mostly for contract drafting and review, legal research, and document...more

EDRM - Electronic Discovery Reference Model

The Legal Ops Advantage: Why Smart Lawyers Don’t Go It Alone

Picture this: you’re in-house counsel, and your company’s just been sued. But you’ve seen this film before. You know (with reasonable certainty) how much it’ll cost to get from complaint to Rule 26, through discovery, motions...more

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

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In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

EDRM - Electronic Discovery Reference Model

Everything a Corporate Legal Team Needs to Know About eDiscovery

If your legal department handles complex litigation or regulatory matters, you already know that eDiscovery is more than a back-office function – it’s a critical business risk that touches data governance, compliance, IT, and...more

Hogan Lovells

Recent New York decision highlights that courts can recognize a foreign judgment even without personal jurisdiction

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In Cargill Financial Services Int’l, Inc. v. Barshchovskiy (S.D.N.Y. Feb. 18, 2025), the U.S. District Court for the Southern District of New York clarified that recognition of a foreign monetary judgment by a New York court...more

Hanzo

[Webinar] Transforming eDiscovery & Investigations w/ AI: Cost, Scale, & Transparency - July 18th, 10:00 am PDT

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Join us for an enlightening webinar where we delve into the future of eDiscovery and investigations powered by artificial intelligence. This session, brought to you by Hanzo and ACEDS (The Association of Certified Ediscovery...more

Patterson Belknap Webb & Tyler LLP

Forensic Analysis and Privilege in the Wake of a Data Breach

In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The forensic analysis—which is often memorialized in a report to counsel—is crucial...more

Association of Certified E-Discovery...

[Webinar] Shortening Time to Insight: How to Make Your ECA More Effective with Digital Discovery Pro - September 29th, 1:00 pm -...

When it comes to early case assessment (ECA), it’s important to get to the facts quickly. Understanding the scope and key facts of the case is critical to forming your litigation strategy. Yet, as the data landscape becomes...more

Proskauer - Minding Your Business

District Court Affirms Order Requiring Production of Cyber-Investigation Report after Considering Totality of Circumstances

As we previously reported, the Magistrate Judge in In re: Capital One Customer Data Security Breach Litigation, found that a forensic report that Capital One had claimed was protected by the privilege and work product...more

Seyfarth Shaw LLP

More Courts Attempt to Move Civil Cases Forward Despite the COVID-19 Pandemic

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We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country.  (You can read our most recent update here.)  Many courts seem to have shifted from the earlier pauses and...more

Farella Braun + Martel LLP

Litigation Management Checklist in the Time of COVID-19

We are all experiencing unprecedented challenges right now, both personally and professionally. To ease some of your legal team’s anxieties, we have put together a litigation-specific checklist with the measures we recommend...more

Seyfarth Shaw LLP

Bankruptcy Courts: Open for Business

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During challenging economic times, Bankruptcy Courts serve an essential governmental and financial function. The COVID-19 outbreak has forced closures of businesses and governmental entities throughout the country, resulting...more

Association of Certified E-Discovery...

[Webinar] How to Collaboratively Craft Narratives and Prepare for Depositions - March 24th, 1:00 pm - 2:00 pm ET

Post-review litigation preparation traditionally occurs over email, with competing versions of outlines sent back and forth until no one is sure what’s the most up to date. Manual drudgery abounds, whether it’s printing out...more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Developments in Delaware Corporation Law

Consistent with trends in recent years, in 2019 Delaware corporation law largely was shaped by post-closing suits for money damages against directors who had approved mergers and acquisitions. Two Delaware Supreme Court...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Trends in Books and Records Litigation

Recently, the frequency of stockholder demands to inspect corporate books and records pursuant to Section 220 of the Delaware General Corporation Law has increased. In turn, the case law concerning Section 220 demands is...more

Arnall Golden Gregory LLP

Preparing for Litigation in the U.S.

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S....more

Seyfarth Shaw LLP

Request For Employment Records? Don’t Trust; Verify!

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Seyfarth Synopsis: Plaintiffs’ lawyers routinely invoke Labor Code provisions to conduct pre-litigation discovery by seeking employment records. For employers that scramble to comply with these often burdensome demands, we...more

Foley & Lardner LLP

Active Preparation Leads to Better Mediation Results

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After have deciding to mediate and selecting a mediator, each litigants’ focus should shift to preparation. In our experience, mediation results improve significantly when the parties, not just the attorneys, come prepared...more

Troutman Pepper Locke

A Framework for Applying Proportionality in E-Discovery: The Sedona Conference Principles

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The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery. The Sedona Conference — a research and educational...more

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