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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Gowling WLG ordered by Published Date Descending.
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1
When Timing Isn't Everything: Service Of An Expert Report At The Discovery Stage Does Not Automatically Trigger Disclosure Obligations Under Rules 31.06(3) And 53.03(2.1)
Key Takeaway: Service of an expert report by a defendant does not automatically mean the expert will be called to testify at trial.
Canada
3 Oct 2019
2
In What Circumstances Must Joint Defence Agreements Be Produced?
Joint Defence Agreements ("JDAs") memorialize the agreement of defendants to exchange confidential and/or privileged information without waiving privilege over that inform...
Canada
30 Sep 2019
3
No Appeal Of The Court Of Appeal Decision On Privilege In SFO V ENRC [2018] - Relief Or Disappointment?
Last week the SFO confirmed that it will not be appealing the CA judgment of 5 September 2018 which overturned the first instance decision in Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd...
Canada
10 Oct 2018
4
Short But Mighty…?
The Shorter Trials Scheme (ST") is one of a raft of measures designed to improve the customer experience of civil justice.
UK
15 Aug 2018
5
Litigation Privilege Over Adjusters' Files In BC
This article identifies a significant development in 2016 in British Columbia jurisprudence with respect to insureds' claims for litigation privilege over adjusters' reports produced well before....
Canada
9 May 2018
6
When Will Litigation Privilege Protect Internal Investigations?
We look at two recent cases considering the principles of litigation privilege and when it will apply to protect documents from inspection by an opponent or investigator in litigation, inquests...
UK
4 Apr 2018
7
Legal Privilege - Human Right Or Fraudster's Shield?
The recent decisions in Avonwick Holdings Ltd and others v Shlosberg and Leeds v Lemos have restricted the ability of trustees in bankruptcy to use privileged documents belonging to the bankrupt.
UK
21 Nov 2017
8
R.I.P. Consent Protective Orders
This decision likely marks the end of the routine consent orders that govern the treatment of confidential documents and information during discovery.
Canada
11 Oct 2017
9
How To Ensure Information Disclosed In A Mediation Remains Confidential
As well as providing a reminder that mediation must be given proper consideration, the court has also recently provided a reminder that not all documents or evidence produced...
UK
2 May 2017
10
The Basics Of Patent Law - Initiating Proceedings In The UK
Gowling WLG's intellectual property experts discuss initiating proceedings as part of their 'The basics of patent law' series.
European Union
24 Mar 2017
11
What's The Deal With Privilege?
The Federal Court of Canada judgment in Minister of National Revenue v. Iggillis Holdings Inc. and Ian Gillis is a recent and important decision concerning common interest privilege.
Canada
1 Feb 2017
12
When Will Internal Investigations Be Protected By Legal Advice Privilege?
The recent decision in The RBS Rights Issue Litigation, Re, has affirmed the restrictive view of 'the client' espoused in the Court of Appeal's decision in Three Rivers No. 5...
UK
24 Jan 2017
13
Maintaining Privilege For Cross-Disciplinary Tax Advising
Redhead Equipment Ltd et al v. AG (Canada) provides a helpful summary of key principles governing solicitor-client privilege when lawyers and accountants are involved in transactional work and...
Canada
4 Nov 2016
14
Managing Exits: The Scope Of 'Off The Record' Negotiations
Three years on, we have the first Employment Appeal Tribunal (EAT) guidance on the scope of pre-termination negotiation confidentiality under section 111A of the Employment Rights Act 1996 (ERA).
Canada
21 Jul 2016
15
Changes To The Profession: Patent And Trademark Agent Privilege And A New Governance Framework
On June 24, 2016, by way of statutory amendment, the age-old common law concept of privilege between lawyers and their clients was extended to certain communications between patent and trademark agents and their clients.
Canada
11 Jul 2016
16
Supreme Court Of Canada Upholds Solicitor-Client Privilege In Tax Administration And Enforcement
The Supreme Court released two unanimous decisions on June 3, 2016 upholding solicitor-client privilege in the context of requirements (Requirements) by the Canada Revenue Agency...
Canada
10 Jun 2016
17
New Measures To Streamline IP Litigation Introduced By The Federal Court Of Canada
On June 24, 2015, the Federal Court issued a practice notice providing new measures that seek to improve case management of complex litigation, including IP litigation.
Canada
1 Jul 2015
18
Factual Information Provided In The Proffer Stage Of Co-Operation With The Competition Bureau Must Be Disclosed To Criminal Defendants
The Competition Bureau’s Immunity and Leniency Programs are a critical component of the Bureau’s investigative toolbox.
Canada
11 Feb 2015
19
"Bekesinski": Backdating, Credibility And Proper Procedure To Avoid A Director’s Liability
The Tax Court of Canada allowed a director’s liability appeal to eliminate a personal liability totaling over $477,000 by assiduously applying basic tax litigation principles.
Canada
14 Oct 2014
20
Restrictions On Communication With Experts: Advocacy Groups Provide Guidance On Moore v. Getahun
The Superior Court's January decision in Moore v. Getahun has caused concern, anxiety and even outright defiance in the bar.
Canada
18 Jul 2014
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