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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Proskauer - Minding Your Business

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

Proskauer - Minding Your Business on

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

Nutter McClennen & Fish LLP

Facebook Ordered to Turn Over Internal Investigation Documents to Massachusetts Attorney General

Nutter McClennen & Fish LLP on

Judge Davis of the BLS ordered Facebook to produce documents to Massachusetts Attorney General Maura Healey (AG). The AG obtained the order while investigating Facebook’s policies and protections related to user data. The...more

Hinshaw & Culbertson - Insights for Insurers

No Protection for Vendor's Forensic Report in Post-Breach Litigation? - Preserving Privilege and Work Product Protection in Light...

Hinshaw & Culbertson - Insights for Insurers on

A May 26, 2020 order by U.S. Magistrate Judge John F. Anderson (E.D. Va.) that attorney work product protection did not preclude production of a forensic vendor's data breach investigation report to plaintiffs in the Capital...more

Womble Bond Dickinson

Federal Court Finds Cybersecurity Forensic Report Not Privileged Under Attorney Work Product Doctrine

Womble Bond Dickinson on

The United States District Court for the Eastern District of Virginia (Court) has held that a cyber-forensic investigation report was not protected by the attorney work product doctrine and ordered Capital One to produce it...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC v. RPM International — A Cautionary Case Study on the Limits of Attorney-Client Privilege and Work-Product Protection

Skadden, Arps, Slate, Meagher & Flom LLP on

While much of the corporate legal world has been focused on the effects of the COVID-19 pandemic, a little-noticed case working its way through the federal courts in Washington, D.C. threatens to whittle down the scope of...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for April 2019

Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Ward and Smith, P.A.

In-House Counsel: How to Avoid Missteps in the Social Media Minefield

Ward and Smith, P.A. on

While social media has become ubiquitous, attorneys are subject to particular restrictions online. During Ward and Smith’s 2017 In-House Counsel Seminar two attorneys reviewed some of the potential pitfalls in-house counsel...more

Cozen O'Connor

Washington Supreme Court: Corporate Attorney’s Communications with Former Employees Not Privileged

Cozen O'Connor on

The Supreme Court of Washington recently held that the attorney-client privilege does not protect a corporation’s attorney’s communications with former employees of the corporation, even if the communications concern events...more

Cadwalader, Wickersham & Taft LLP

M&A Update: New York Court of Appeals Rejects Extension of Common Interest Privilege to Merger Talks

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On June 9, 2016, a divided New York Court of Appeals in a much-anticipated ruling held that the attorney-client privilege can only be maintained for communications involving third parties in situations where litigation is...more

Pillsbury - Internet & Social Media Law Blog

From Ashley Madison to the Panama Papers: Is Hacked Data Fair Game?

Pillsbury - Internet & Social Media Law Blog on

We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more

Perkins Coie

Virtual Currencies: International Actions and Regulations

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This chart is provided by Perkins Coie LLP’s Decentralized Virtual Currency industry practice group for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does...more

McGuireWoods LLP

E-Discovery Update: When Personal and Work Data Collide

McGuireWoods LLP on

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

Thomas Fox - Compliance Evangelist

King Arthur Week – The Round Table and Compliance Professionals and Lawyers as Whistleblowers – Part III

Thomas Fox - Compliance Evangelist on

Today we use King Arthur’s Round Table as the entry into our topic. The Round Table is the famous table around which he and his Knights congregated. Its shape implies that everyone who sits there has equal status. Wace, who...more

Akin Gump Strauss Hauer & Feld LLP

Recorded Conversations with In-House Counsel Permitted as Evidence in FCPA Trial

Akin Gump Strauss Hauer & Feld LLP on

Earlier this month, a federal judge in New Jersey held that a secretly recorded conversation between a former chief executive officer and his general counsel may be used by prosecutors as evidence against the former executive...more

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