In the UAE, the common law legal principle of without prejudice is usually not applied in onshore courts. This legal concept, which is found in many legal systems, ensures that statements made during settlement discussions...more
As we have detailed before, Christian Bruckner and his company, Project Management Corporation, sued the federal government in Florida claiming that the Infrastructure Investment and Jobs Act’s earmarked 10%—of its...more
This Court of Appeal ruling considers the ambit of existing exceptions to the ‘without prejudice’ rule. The defendant was successful in getting statements made in ‘without prejudice’ mediation position papers admitted in...more
The Employee Retirement Income Security Act of 1974 (ERISA) requires plan fiduciaries to act prudently and loyally when making decisions about the plan. In Martin v. CareerBuilder, LLC, a federal district court held that the...more
Following the decision in WH Holding Limited and West Ham United Football Club Limited v E20 Stadium LLP, the Court of Appeal has recently considered the application of litigation privilege (and without prejudice privilege)...more