Mondaq USA: Corporate/Commercial Law > Privilege
Hogan Lovells
Some high-level considerations regarding what a company could do before and when faced with a government investigation.
Cleary Gottlieb Steen & Hamilton LLP
One critical issue to consider in responding to an investigative request is whether by producing the requested data, the company will be waiving a privilege or violating legal confidentiality obligations.
Duane Morris LLP
The burden of proving that the attorney-client privilege applies to a particular communication is on the party asserting the privilege.
Gibson, Dunn & Crutcher
A Delaware bankruptcy court has held that a special committee's advisors cannot withhold privileged documents from a liquidation trustee appointed pursuant to a chapter 11 plan.
Kramer Levin Naftalis & Frankel LLP
In a recent decision, the Delaware Court of Chancery ruled that the seller in a merger could enforce a provision in the merger agreement protecting its privilege over premerger emails with its counsel.
Morrison & Foerster LLP
The Upper House (sangi-in) on June 19, 2019, finally passed the bill to make major amendments to the Anti-Monopoly Act (the "AMA")–the Japanese antitrust law.
Cleary Gottlieb Steen & Hamilton LLP
Choices made at the outset of a crisis can play a critical role in a company's ability to maintain future privilege claims. Recent cases highlight the risks of:
Cadwalader, Wickersham & Taft LLP
In a case concerning violations of the Investment Advisors Act, the U.S. District Court for the Southern District of New York ("SDNY") held that compliance communications are not protected.
Reed Smith
It is a fairly common situation. A company is facing an issue that someone thinks the board of directors ought to know about, so general counsel retains outside counsel to provide advice
Shearman & Sterling LLP
In Shareholder Representative Services LLC v. RSI Holdco, LLC, C.A. No. 2018-0517-KSJM (Del. Ch. May 29, 2019), the Delaware Court of Chancery applied guidance from its earlier ruling
Seyfarth Shaw LLP
In Shareholder Representative Services LLC v. RSI Holdco, LLC, C.A. No. 2018-0517-KSJM (Del. Ch. May 29, 2019), the Delaware Court of Chancery held that a merger agreement provision assigning pre-merger privilege ...
Sheppard Mullin Richter & Hampton
In Shareholder Representative Services LLC v. RSI Holdco, LLC, No. 2018-0517-KSJM, 2019 WL 2290916 (Del. Ch. May 29, 2019)
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On May 6, 2019, a magistrate judge in the Southern District of New York ruled that emails exchanged among a company
Morrison & Foerster LLP
On March 12, 2019, the Japanese Government submitted to the Parliament a bill to propose major amendments to the Anti Monopoly Act (the "AMA"), the Japanese antitrust law (the "Bill").
BakerHostetler
Just a few years ago, investment in women's health was sparse.
Mintz
The use of third party funding of arbitration and litigation proceedings provides broader access to formal claim resolution mechanisms
McDermott Will & Emery
If the Delaware Office of Unclaimed Property believes that a person may have filed an "inaccurate, incomplete, or false report," the State Escheator may authorize a "compliance review" under Del. Code Ann. tit. 12, § 1170(b).
Thompson Coburn LLP
For the first episode of the new year, After the Buzzer takes on an issue that has dominated the discussion around professional sports over the last year— athletes who use their very visible platforms
Cadwalader, Wickersham & Taft LLP
Just days before a potentially landscape-altering hearing in a Miami federal courtroom at which lawyers were going to be forced to testify about the legal advice they had given their clients during the course of an internal investigation, the parties quietly backed into their own corners and the hearing was cancelled.
Milbank LLP
Regulators in the U.K. and the U.S. are increasingly placing pressure on companies to provide materials considered to be protected by legal privilege.
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Lewis Brisbois Bisgaard & Smith LLP
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
Duane Morris LLP
The burden of proving that the attorney-client privilege applies to a particular communication is on the party asserting the privilege.
Hogan Lovells
Some high-level considerations regarding what a company could do before and when faced with a government investigation.
Cleary Gottlieb Steen & Hamilton LLP
One critical issue to consider in responding to an investigative request is whether by producing the requested data, the company will be waiving a privilege or violating legal confidentiality obligations.
Reed Smith
It is a fairly common situation. A company is facing an issue that someone thinks the board of directors ought to know about, so general counsel retains outside counsel to provide advice
Cadwalader, Wickersham & Taft LLP
In a case concerning violations of the Investment Advisors Act, the U.S. District Court for the Southern District of New York ("SDNY") held that compliance communications are not protected.
Mintz
The use of third party funding of arbitration and litigation proceedings provides broader access to formal claim resolution mechanisms
Gibson, Dunn & Crutcher
A Delaware bankruptcy court has held that a special committee's advisors cannot withhold privileged documents from a liquidation trustee appointed pursuant to a chapter 11 plan.
Kramer Levin Naftalis & Frankel LLP
In a recent decision, the Delaware Court of Chancery ruled that the seller in a merger could enforce a provision in the merger agreement protecting its privilege over premerger emails with its counsel.
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