Bankruptcy can considerably complicate the evaluation of legal privilege, due to the presence of shifting corporate control, parties with rapidly changing stakes, and fiduciary duties owed to multiple ...

Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law. “The ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

Legal professional privilege (“LPP”) has been a feature of the common law for centuries, developed through the public interest in protecting confidentiality of communications between a lawyer and its ...

Since the elimination of general federal common law in 1938,1 federal courts have sought to avoid the specter of “two conflicting systems of law controlling the primary activity of citizens.”2 But ...

Law firms say a recent landmark court ruling makes multidisciplinary practices less attractive to clients. But the Big Four are pleased with the decision, saying it reaffirms that a lawyer-client ...

A spectre is haunting the American legal profession – the spectre of diploma privilege. Facing the psychological and physical trauma of COVID-19, and buoyed by growing calls for diversity and equity ...

As much as it is discussed and debated, especially lately, there is remarkably little case law concerning “executive privilege”—the idea that there are at least some internal executive branch ...