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Disclosure & Electronic Discovery & Privilege
Australia
Jones Day
The operation of independence in relation to privilege is uncertain due to different approaches by courts at first instance.
Carroll & O'Dea
These two decisions are of interest, but this "pathway" would benefit from judicial consideration at the appellate level.
Canada
Davies Ward Phillips & Vineberg
The Court ordered the AMF to return all the material in question, pointing out that, until charges are laid, the retention of what is seized during an investigation must be periodically reviewed by the court.
McLeish Orlando LLP
In an action with multiple defendants, some may be prepared to settle the plaintiff's claims and some may not.
Bennett Jones LLP
Litigation privilege may continue to protect documents created for one lawsuit from being disclosed in a second, related lawsuit...
WeirFoulds LLP
In Lipson v Cassels Brock & Blackwell LLP, 2019 ONSC 5483, 148 O.R. (3d) 146, a class action by investors against a law firm, Justice Perell revisits the law of privilege, but in the context of the internal workings of a law firm.
Field LLP
The Alberta Court of Queen's Bench has provided some much needed guidance on solicitor-client privilege in the context of access to information requests in Edmonton Police Service v. Alberta ...
Switzerland
Niederer Kraft Frey AG
International Arbitration Comparative Guide for the jurisdiction of Switzerland, check out our comparative guides section to compare across multiple countries
UK
Gowling WLG
The FRC is a statutory regulator responsible for the public oversight of statutory auditors. Under the Statutory Auditors and Third Country Auditors Regulations 2016 ("SATCAR") it is empowered...
Clyde & Co
Yesterday the Court of Appeal handed down its long-awaited decision on the 'no infringement exception' whereby, ...
Dentons
The Court of Appeal, in Civil Aviation Authority v. R (on behalf of the application of Jet2.com Ltd) [2020] EWCA Civ 35, has provided clarity on aspects of legal advice privilege and email chains
Dentons
The recent Court of Appeal decision in Civil Aviation Authority v. R (on the application of Jet2.com Ltd) has clarified the test for legal advice privilege (LAP).
Clyde & Co
The Court of Appeal held recently that confidentiality and legal advice privilege are not lost in documents containing or evidencing a client's instructions to its solicitor just because the...
Clyde & Co
The High Court has recently considered the threshold for retaining confidentiality in respect of privileged documents in the case of SL Claimants v Tesco plc; MLB Claimants v Tesco plc [2019]...
Clyde & Co
The Civil Aviation Authority v The Queen on the Application of Jet2.com: the Court of Appeal Upholds the High Court's Decision that Legal Advice Privilege does not attach to communications...
Shepherd and Wedderburn LLP
Legal advice privilege is the right to withhold disclosure of documents or information.
United States
WilmerHale
In Civil Aviation Authority v R (on the application of Jet2 Ltd) 2020 EWCA Civ 35, the English Court of Appeal provided clear guidance on the position of Legal Advice Privilege and multiparty emails.
Seyfarth Shaw LLP
At the end of 2019, the Second Circuit finally weighed in on an issue that has divided federal courts considering applications for discovery pursuant to 28 U.S.C. § 1782
Reed Smith
Mandamus appeals are difficult to win. That's one reason that we were intrigued to read In re Williams-Sonoma, Inc., ___ F.3d ___, 2020 WL 131360 ...
Akin Gump Strauss Hauer & Feld LLP
In a January 14, 2020, order, the Northern District of Illinois granted in part and denied in part, a plaintiff's motion to compel the production of documents withheld as privileged.
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