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Privileged Documents Privilege Waivers Attorney-Client Privilege

WilmerHale

Notable Developments In Massachusetts Law: Business Litigation Session Adopts First Circuit Standard For Subject Matter Waiver Of...

WilmerHale on

On July 25, 2025, Superior Court Business Litigation Session Judge Debra A. Squires-Lee issued a significant decision regarding the attorney-client privilege and clarifying the contours of the work product doctrine in...more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: Maintaining Privilege Over Pay Equity Audits And Investigations

Seyfarth Shaw LLP on

Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of...more

McGuireWoods LLP

Are All Government Agencies Part of One “Client” for Privilege Purposes?

McGuireWoods LLP on

Courts take differing positions on the "client's" identity in the government setting. Among other things, such differing positions might affect the waiver implications of one government agency disclosing its privileged...more

McGuireWoods LLP

Delaware Federal and State Courts Disagree About a Key Privilege Waiver Issue

McGuireWoods LLP on

Under some arrangements, major shareholders appoint directors to companies those shareholders partially own. Does such a company waive its privilege by disclosing its privileged documents to a designating shareholder's...more

McGuireWoods LLP

Southern District of New York Emphasizes the Sword-Shield Analogy in Analyzing Subject Matter Waivers

McGuireWoods LLP on

As if waiving privilege protection (either intentionally or inadvertently) was not frightening enough, the sinister subject matter waiver doctrine might force disclosure of additional privileged documents on the same topic....more

Nutter McClennen & Fish LLP

Judge Kaplan Orders Return of Documents Inadvertently Produced

Ruling on a motion seeking the return of inadvertently produced privilege materials, Judge Kaplan elaborated on the meaning of “inadvertent” in the context of Massachusetts Rule of Civil Procedure 26(b)(5) and so-called...more

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