Preserving The Attorney-Client Privilege and Work Product Protection
|
|
- Reynold Johns
- 5 years ago
- Views:
Transcription
1 Preserving The Attorney-Client Privilege and Work Product Protection June K. Ghezzi Jones Day Mark P. Rotatori Jones Day September 2006 Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form, which can be found on our web site at The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the law firm with which they are associated.
2 PROPOSED FEDERAL RULE OF EVIDENCE 502 June K. Ghezzi Jones Day
3 28 U.S.C. 2074(b) Takes effect only if Congress enacts it 2006 Jones Day. All rights reserved. 3
4 WAIVER OF Attorney-Client Privilege and Work Product 2006 Jones Day. All rights reserved. 4
5 WHAT THE RULE DOES NOT DO 2006 Jones Day. All rights reserved. 5
6 DOES NOT CHANGE WHAT CONSTITUTES PRIVILEGE OR WORK PRODUCT Leaves the Common Law Intact 2006 Jones Day. All rights reserved. 6
7 RATIONALE FOR RULE Concern over costly and inefficient discovery process Concern over disclosures to the government constituting subject matter waiver 2006 Jones Day. All rights reserved. 7
8 COST CONCERNS Hopson v. City of Baltimore, 232 F.R.D. 228, 244 (D. Md. 2005) E-discovery may encompass millions of documents, and to insist upon record-by-record pre-production privilege review, on pain of subject matter waiver, would impose upon parties costs of production that bear no proportionality to what is at stake in the litigation Jones Day. All rights reserved. 8
9 CONCERNS OVER DISCLOSURES TO GOVERNMENT Majority rule: disclosure = waiver Courts are in conflict Perceived need to rectify conflict 2006 Jones Day. All rights reserved. 9
10 WHAT THE RULE DOES DO Assuming a protected communication or material, it establishes standards for how WAIVER will be applied in federal courts: Through Voluntary Disclosure Through Inadvertent Disclosure Through Disclosure to the Government that Cannot Fairly be Termed Voluntary 2006 Jones Day. All rights reserved. 10
11 RULE 502 a. Scope of Waiver b. Inadvertent Disclosure c. Selective Waiver d. Non-Waiver Agreements court order endorsed e. Non-Waiver Agreements not court endorsed 2006 Jones Day. All rights reserved. 11
12 SUBJECT MATTER WAIVER UNDER RULE 502 Section (a) Scope of waiver (i.e., subject matter waiver) In federal proceedings, the waiver by disclosure of an attorneyclient privilege or work product protection extends to an undisclosed communication or information concerning the same subject matter only if that undisclosed communication or information ought in fairness to be considered with the disclosed communication or information. Codifies the existing majority rule in federal courts by adopting Limited Waiver over All or Nothing Approach 2006 Jones Day. All rights reserved. 12
13 INADVERTENT DISCLOSURE UNDER RULE 502 Section (b) Inadvertent disclosure In federal or state case or administrative proceeding, inadvertent disclosure should not constitute a waiver so long as the privilege holder took 1. reasonable precautions to prevent disclosure, and 2. reasonably prompt measures to rectify the error when 3. the holder knew or should have known about the inadvertent disclosure Jones Day. All rights reserved. 13
14 SELECTIVE WAIVER UNDER RULE 502 Section (c) Selective Waiver (i.e., disclosures to the federal government) In a federal or state proceeding, when a party decides to disclose privileged or protected information to a federal public office or agency, that disclosure does not waive the privilege or protection with respect to non-governmental persons or entities. The effect of disclosure to a state or local government agency, with respect to non-governmental persons or entities, is governed by applicable state law Jones Day. All rights reserved. 14
15 CURRENT MAJORITY RULE: REJECTS SELECTIVE WAIVER Disclosure to Government = Full Waiver to all for all purposes 2006 Jones Day. All rights reserved. 15
16 2003 U. S. Dept. of Justice THOMPSON MEMORANDUM In determining whether to prosecute: the prosecutor may consider the corporation s willingness to identify the culprits within the corporation, including senior executives... to disclose the complete results of its internal investigation; and to waive the attorney-client and work product protection as to the government Jones Day. All rights reserved. 16
17 CURRENT CONDITIONS ENCOURAGE COOPERATION AND WAIVER 2004 Amendments to Chapter 8 of the Sentencing Guidelines provide commentary authorizing and encouraging the government to require entities to waive privilege to show cooperation and thereby qualify for a more lenient sentence. April 5, 2006, the Sentencing Commission voted unanimously to reverse this privilege waiver concept from the amendments. Takes effective, unless Congress acts, on November 1, However, the McCallum Memorandum from 2005, updating Thomson s, regarding written waiver review process for U.S. Attorney district offices. No minimum standards provided, and no national uniformity required Jones Day. All rights reserved. 17
18 WILL THE RULE PROMOTE THE CULTURE OF WAIVER? 2006 Jones Day. All rights reserved. 18
19 ADVISORY COMMITTEE NOTES: Furthers the important policy of cooperation with government agencies, and maximizes the effectiveness and efficiency of government investigations Jones Day. All rights reserved. 19
20 PUBLIC INTEREST IN ENCOURAGING CORPORATE DISCLOSURE Corporate Good Citizenship 2006 Jones Day. All rights reserved. 20
21 PUBLIC INTEREST IN TIME-HONORED CONFIDENTIAL RELATIONSHIPS Erosion of attorney-client privilege leading to less constructive corporate compliance with law Threatening confidentiality of communications between corporate employees and corporate lawyers 2006 Jones Day. All rights reserved. 21
22 WHY CORPORATIONS ARE DIFFERENT No 5 th Amendment Right State-created creatures accorded significant benefits Corporate attorney-client privilege is not as longstanding 2006 Jones Day. All rights reserved. 22
23 RULE 502 (d) (d) Controlling Effect of Court Orders A federal court order that the attorney-client privilege or work product protection is not waived as a result of disclosure in connection with the [pending case] governs all persons or entities in all state or federal proceedings, whether or not they were parties [to the pending case], if the order incorporates the agreement of the parties before the court Jones Day. All rights reserved. 23
24 RULE 502 (e) (e) Controlling Effect of Party Agreements An agreement on the effect of disclosure of a communication or information covered by the attorney-client privilege or work product protection is binding on the parties to the agreement, but not on the other parties unless the agreement is incorporated into a court order Jones Day. All rights reserved. 24
25 THE JOINT DEFENSE DOCTRINE Mark P. Rotatori Jones Day
26 What is the Joint Defense Doctrine? An extension of the attorney-client privilege (and work product doctrine) that protects communications between an individual and an attorney for another, when those communications involve an on-going and joint effort to create a common defense strategy Jones Day. All rights reserved. 26
27 Purposes of a Joint Defense Agreement ( JDA ) Better access to information Improved coordination of defense strategy Ability to trade and obtain valuable information without waiving the privilege Reduction in defense costs by spreading out resources 2006 Jones Day. All rights reserved. 27
28 Potential Pitfalls of a JDA Defectors of JDAs who settle (or enter into a plea with the Government) might reveal privileged information. Counsel s right to cross-examine a defector freely might be limited. Counsel risks a motion to disqualify for a conflict of interest created by another counsel in the joint defense group. The Government likely will find that a JDA indicates a lack of cooperation (in criminal cases) Jones Day. All rights reserved. 28
29 Should the JDA Be Written? Advantages: The communications shared (including work product) are more likely to be protected by a court Provides protection against the disclosure of privileged information by defectors Can clarify roles of the attorneys and provide for sharing of costs 2006 Jones Day. All rights reserved. 29
30 Should the JDA Be Written? Disadvantages: In a corporate/white collar criminal case, the Government may view the JDA as a sign of uncooperativeness. In a civil case, the written JDA might not be protected from production Jones Day. All rights reserved. 30
31 If Written, the JDA Should... Contain the most essential term of the JDA, which is to identify the common interest of the parties to the agreement Jones Day. All rights reserved. 31
32 If Written, the JDA Should... Explain the nature of the relationship among the parties; namely that they are members of a JDA and that there is no implied attorney-client relationship between counsel for one member and any other members Jones Day. All rights reserved. 32
33 If Written, the JDA Should... State that if one member of the JDA decides to cooperate with the government or settle with the plaintiff, he or she waives any conflict of interest that may arise if the attorney for another member of the JDA examines the defector as a witness Jones Day. All rights reserved. 33
34 If Written, the JDA Should... Ensure that there is a procedure for withdrawal from the agreement Jones Day. All rights reserved. 34
35 If Written, the JDA Should... Include a provision that requires each party to promptly disclose overtures (settlement or plea) from the plaintiff or Government, which might result in disclosure of privileged information Jones Day. All rights reserved. 35
36 If Written, the JDA Should... Entitle the members of the JDA to seek immediate injunctive relief for any violation or threatened violation of the agreement Jones Day. All rights reserved. 36
WHAT S HAPPENING TO THE ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT DOCTRINE?
WHAT S HAPPENING TO THE ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT DOCTRINE? PROPOSED FEDERAL RULE OF EVIDENCE 502 THE ATTORNEY-CLIENT PRIVILEGE PROTECTION ACT OF 2007 THE MCNULTY MEMORANDUM DABNEY CARR
More informationComments on the Council's Proposed Adaptation offre 502
REPORT OF THE COMMERCIAL AND FEDERAL LITIGATION SECTION REGARDING THE NEW YORK STATE-FEDERAL JUDICIAL COUNCIL'S "REPORT ON THE DISCREPANCIES BETWEEN FEDERAL AND NEW YORK STATE WAIVER OF ATTORNEY-CLIENT
More informationDavid J. Bright MAINTAINING THE ATTORNEY-CLIENT PRIVILEGE DURING COMMUNICATIONS BETWEEN IN-HOUSE COUNSEL AND CORPORATE EMPLOYEES
MAINTAINING THE ATTORNEY-CLIENT PRIVILEGE DURING COMMUNICATIONS BETWEEN IN-HOUSE COUNSEL AND CORPORATE EMPLOYEES David J. Bright Direct Number: (515) 286-7015 Facsimile: (515) 286-7050 E-Mail: djbright@nyemaster.com
More informationBackground The Federal Rules of Civil Procedure adopted in 1938 encouraged full pre-trial disclosure (ream or reams of paper). Present day litigation
EVIDENCE AND DISCOVERY UPDATE Alistair B. Dawson 1 Background The Federal Rules of Civil Procedure adopted in 1938 encouraged full pre-trial disclosure (ream or reams of paper). Present day litigation
More informationCase 3:16-cv HZ Document 24 Filed 05/04/17 Page 1 of 10
Case 3:16-cv-01721-HZ Document 24 Filed 05/04/17 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON KIERSTEN MACFARLANE, Plaintiff, No. 3:16-cv-01721-HZ OPINION & ORDER v. FIVESPICE
More informationTOP TEN PITFALLS ENCOUNTERED IN INTERNAL INVESTIGATIONS. March 2008
TOP TEN PITFALLS ENCOUNTERED IN INTERNAL INVESTIGATIONS Tom Dillard, Esq., Ritchie, Dillard & Davies, P.C. Anthony Lake, Esq., Gillen Withers & Lake, LLC Joseph P. Griffith, Jr., Esq., Joe Griffith Law
More informationLegal Ethics of Metadata or Mining for Data About Data
Legal Ethics of Metadata or Mining for Data About Data Peter L. Ostermiller Attorney at Law 239 South Fifth Street Suite 1800 Louisville, KY 40202 peterlo@ploesq.com www.ploesq.com Overview What is Metadata?
More informationCase 1:14-cv FB-RLM Document 492 Filed 11/17/16 Page 1 of 11 PageID #: 13817
Case 1:14-cv-04717-FB-RLM Document 492 Filed 11/17/16 Page 1 of 11 PageID #: 13817 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------x
More informationFollow this and additional works at: Part of the Civil Procedure Commons
University of Maryland Francis King Carey School of Law DigitalCommons@UM Carey Law Endnotes 2009 Victor Stanley, Inc. v. Creative Pipe, Inc.: How to Utilize Rule 502 to Prevent Inadvertent Disclosure
More informationPENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE RESOLUTION
PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE RESOLUTION WHEREAS, it is the charge of the PBA Legal Ethics and Professional Responsibility Committee to review and
More informationM.R IN THE SUPREME COURT OF THE STATE OF ILLINOIS. Effective January 1, 2013, Illinois Rule of Evidence 502 is adopted, as follows.
M.R. 24138 IN THE SUPREME COURT OF THE STATE OF ILLINOIS Order entered November 28, 2012. Effective January 1, 2013, Illinois Rule of Evidence 502 is adopted, as follows. ILLINOIS RULES OF EVIDENCE Article
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MEMORANDUM ORDER
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE THE JOHNS HOPKINS UNIVERSITY, Plaintiff, v. Civ. No. 15-525-SLR/SRF ALCON LABORATORIES, INC. and ALCON RESEARCH, LTD., Defendants. MEMORANDUM
More informationThe McNulty Memorandum Principles of Federal Prosecution of Business Organizations
The McNulty Memorandum Principles of Federal Prosecution of Business Organizations Gabriel L. Imperato, Esq.//Broad and Cassel Fort Lauderdale, Florida Judith Waltz, Esq.//Foley and Lardner LLP San Francisco,
More informationPRIVILEGE IN INTERNAL AND GOVERNMENT INVESTIGATIONS. ABA MIDYEAR CONFERENCE February 3, 2012
PRIVILEGE IN INTERNAL AND GOVERNMENT INVESTIGATIONS ABA MIDYEAR CONFERENCE February 3, 2012 Mor Wetzler Jena A. Sold Paul Hastings LLP New York, NY Copyright 2012. All rights reserved. LEGAL_US_E # 96047971.2
More informationRecent Amendments to the Federal Rules of Civil Procedure. The Mississippi Bar Convention Summer School for Lawyers 2016
Recent Amendments to the Federal Rules of Civil Procedure The Mississippi Bar Convention Summer School for Lawyers 2016 History The impetus to change these Rules was the May 2010 Conference on Civil Litigation
More informationAttorney/Client Privilege Waiver Requests: Charging Corporations Under The McNulty Memorandum KIRSTEN V. MAYER
Attorney/Client Privilege Waiver Requests: Charging Corporations Under The McNulty Memorandum KIRSTEN V. MAYER Companies facing federal investigations have difficult decisions to make, including whether
More informationPeterson v. Bernardi. District of New Jersey Civil No RMB-JS (July 24, 2009)
Peterson v. Bernardi District of New Jersey Civil No. 07-2723-RMB-JS (July 24, 2009) Opinion And Order Joel Schneider, United States Magistrate Judge This matter is before the Court on plaintiff's Motion
More informationCOMMENTARY. Antidote to Toxic Divisionals European Patent Office Rules on Partial Priorities. Summary of the Enlarged Board of Appeal s Decision
March 2017 COMMENTARY Antidote to Toxic Divisionals European Patent Office Rules on Partial Priorities Beginning in 2009, the Boards of Appeal of the European Patent Office ( EPO ) issued a series of decisions
More informationSoup to Nuts: the Inception and Destruction of the Attorney-Client Privilege and Attorney Work Product Protections
Soup to Nuts: the Inception and Destruction of the Attorney-Client Privilege and Attorney Work Product Protections Hennepin County Bar Association Professionalism and Ethics Section April 10, 2015 George
More informationThe Importance of the Attorney-Client Privilege, the Work Product Doctrine, and Employee Legal Rights
Adam J. Szubin, Director Office of Foreign Assets Control Department of the Treasury 1500 Pennsylvania Avenue, N.W. Washington, D.C. 20220 Attn: Request for Comments (Enforcement Guidelines) Re: Preserving
More informationOPINION Issued June 8, Settlement Agreement Prohibiting a Lawyer s Disclosure of Information Contained in a Court Record
OPINION 2018-3 Issued June 8, 2018 Settlement Agreement Prohibiting a Lawyer s Disclosure of Information Contained in a Court Record SYLLABUS: A settlement agreement that prohibits a lawyer s disclosure
More informationTechnology and the Threat to the Attorney- Client Privilege Suzanne Valdez
Technology and the Threat to the Attorney- Client Privilege Suzanne Valdez May 17-18, 2018 University of Kansas School of Law Technology and the Threat to the Attorney-Client Privilege Recent Developments
More informationCOMMENTARY JONES DAY. a major shareholder (or represents such a shareholder); or
September 2008 JONES DAY COMMENTARY Conflicts of Interest for Private Equity Portfolio Company Directors New statutory provisions governing directors conflicts of interest will come into force on 1 October
More informationRule ALTERNATIVE DISPUTE RESOLUTION (ADR); MEDIATION
Rule 9019-2 ALTERNATIVE DISPUTE RESOLUTION (ADR); MEDIATION (a) Appointment of Mediators: (1) Mediation Register. The Clerk shall establish and maintain a register of qualified attorneys who have volunteered
More informationADR CODE OF PROCEDURE
Last Revised 12/1/2006 ADR CODE OF PROCEDURE Rules & Procedures for Arbitration RULE 1: SCOPE OF RULES A. The arbitration Rules and Procedures ( Rules ) govern binding arbitration of disputes or claims
More informationct»t BEFORE THE COMMISSION ON JUDICIAL CONDUCT OF THE STATE OF WASHINGTON
ct»t BEFORE THE COMMISSION ON JUDICIAL CONDUCT OF THE STATE OF WASHINGTON % Qv. % In Re the Matter of: ) ) The Honorable Joely A. O Rourke ) Judge of the Lewis County Superior Court ) ) ) CJC No. 8521-F-175
More informationFILED: NEW YORK COUNTY CLERK 04/03/ :04 PM INDEX NO /2013 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 04/03/2015. ExhibitA
FILED: NEW YORK COUNTY CLERK 04/03/2015 06:04 PM INDEX NO. 650312/2013 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 04/03/2015 ExhibitA SUPREMECOURTOFTHESTATEOFNEW YORK COUNTYOFNEW YORK BANK HAPOALIM B.M., vs.
More informationFILED: NIAGARA COUNTY CLERK 08/15/ :34 AM INDEX NO. E157285/2015 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/15/2017 EXHIBIT F
EXHIBIT F Case 1:14-md-02543-JMF Document 812 Filed 04/06/15 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------x
More informationFILED: NEW YORK COUNTY CLERK 05/13/ :15 PM INDEX NO /2014 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 05/13/2015. Exhibit 1.
FILED: NEW YORK COUNTY CLERK 05/13/2015 05:15 PM INDEX NO. 652471/2014 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 05/13/2015 Exhibit 1 Document1 SUPREME COURT FOR THE STATE OF NEW YORK COUNTY OF NEW YORK SNI/SI
More informationINTERNAL INVESTIGATIONS: AVOIDING PITFALLS. Sherilyn Pastor, McCarter & English, LLP (and) Rosemary Stewart, Hollingsworth LLP
INTERNAL INVESTIGATIONS: AVOIDING PITFALLS Sherilyn Pastor, McCarter & English, LLP (and) Rosemary Stewart, Hollingsworth LLP I. The use of internal investigations has increased significantly. Based on
More informationACCORD COMPLAINT PROCEDURES
Exhibit IV.A(1) ACCORD COMPLAINT PROCEDURES Pursuant to the AGREED SETTLEMENT ORDER AND ACCORD ( ACCORD ) Entered in Shakman, et al. v. Democratic Organization of Cook County, et al. (the Shakman Case
More informationCase 1:08-cv RJL Document 3 Filed 12/15/2008 Page 1 of 38
Case 1:08-cv-02167-RJL Document 3 Filed 12/15/2008 Page 1 of 38 Case 1:08-cv-02167-RJL Document 3 Filed 12/15/2008 Page 2 of 38 Case 1:08-cv-02167-RJL Document 3 Filed 12/15/2008 Page 3 of 38 Case 1:08-cv-02167-RJL
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, Civil Action No. CONSENT OF DEFENDANT SIEMENS AKTIENGESELLSCHAFT
Case 1:08-cv-02167-RJL Document 1-2 Filed 12/12/08 Page 1 of 31 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA U.S. SECURITIES AND EXCHANGE Commission, 100 F. Street, NE Washington, D.C. 20549,
More informationRULE 4.2: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 4.2: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL In representing a client,
More informationWHAT TO DO TO START PREPARING FOR DISCOVERY
Managing the Early Stages of Commercial Litigation: Critical First Steps WHAT TO DO TO START PREPARING FOR DISCOVERY Michael Feagley, Partner 312.701.7065 mfeagley@mayerbrown.com Terri Mazur, Partner 212.506.2680
More informationE-Discovery in Employment Litigation: Preparing for New FRCP Amendments on Proportionality and ESI
Presenting a live 90-minute webinar with interactive Q&A E-Discovery in Employment Litigation: Preparing for New FRCP Amendments on Proportionality and ESI Strategies for Preserving, Obtaining and Protecting
More informationCase 1:17-mc DAB Document 28 Filed 06/22/17 Page 1 of 20
Case 1:17-mc-00105-DAB Document 28 Filed 06/22/17 Page 1 of 20 Case 1:17-mc-00105-DAB Document 28 Filed 06/22/17 Page 2 of 20 but also DENIES Jones Day s Motion to Dismiss in its entirety. Applicants may
More informationLEO 1880: QUESTIONS PRESENTED:
LEO 1880: OBLIGATIONS OF A COURT-APPOINTED ATTORNEY TO ADVISE HIS INDIGENT CLIENT OF THE RIGHT OF APPEAL FOLLOWING CONVICTION UPON A GUILTY PLEA; DUTY OF COURT-APPOINTED ATTORNEY TO FOLLOW THE INDIGENT
More informationFROM HOLDER TO MCNULTY
McNulty Revisited How the Filip Memorandum Changes the DOJ s Approach To Corporate Investigations And Prosecutions Co-Authored By Peter B. Ladig Published in The Corporate Counselor, Vol. 23, No. 7, Dec.
More informationApril 2009 JONES DAY COMMENTARY
April 2009 JONES DAY COMMENTARY Developments in U.S. Law Regarding a More Liberal Approach to Discovery Requests Made by Foreign Litigants Under 28 U.S.C. 1782 In these times of global economic turmoil,
More informationEthical Obligations and Responsibilities of Trial and Appellate Attorneys Lyana Hunter UNC Chapel Hill School of Government (August 2015)
Ethical Obligations and Responsibilities of Trial and Appellate Attorneys Lyana Hunter UNC Chapel Hill School of Government (August 2015) Discussion of the following rules and opinions: Rule 1.1 Competence
More informationStreamlined Arbitration Rules and Procedures
RESOLUTIONS, LLC s GUIDE TO DISPUTE RESOLUTION Streamlined Arbitration Rules and Procedures 1. Scope of Rules The RESOLUTIONS, LLC Streamlined Arbitration Rules and Procedures ("Rules") govern binding
More informationCase 3:16-cv JAM Document 50 Filed 01/12/17 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ORDER RE DISCOVERY DISPUTE
Case 3:16-cv-00054-JAM Document 50 Filed 01/12/17 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT SUPREME FOREST PRODUCTS, INC., et al., Plaintiffs, v. MICHAEL KENNEDY and FERRELL WELCH,
More informationUNITED STATES COURT OF APPEALS TENTH CIRCUIT. Plaintiff-Appellee, v. No RUSSELL EUGENE BLESSMAN, ORDER AND JUDGMENT *
FILED United States Court of Appeals Tenth Circuit June 4, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 08-4182
More informationAssociation of Workplace Investigators Training Institute RETENTION AGREEMENTS. By: Pamela L. Hemminger
Association of Workplace Investigators Training Institute RETENTION AGREEMENTS By: Pamela L. Hemminger pamela.hemminger@gmail.com Lindsay Harris lindsay_harris@sbcglobal.net It is critical that an outside
More informationGovernment Contract. Andrews Litigation Reporter. Intellectual Property Rights In Government Contracting. Expert Analysis
Government Contract Andrews Litigation Reporter VOLUME 23 h ISSUE 6 h July 27, 2009 Expert Analysis Commentary Intellectual Property Rights In Government Contracting By William C. Bergmann, Esq., and Bukola
More informationFLORIDA BAR ETHICS OPINION OPINION 02-4 April 2, Advisory ethics opinions are not binding.
FLORIDA BAR ETHICS OPINION OPINION 02-4 April 2, 2004 Advisory ethics opinions are not binding. When the lawyer in a personal injury case is in possession of settlement funds against which third persons
More information(1) the representation of one client will be directly adverse to another client; or
ABA Model Rule 1.7 Conflict of Interest: Current Clients (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.
More informationPrompt Remedial Action and Waiver of Privilege
Prompt Remedial Action and Waiver of Privilege by Monica L. Goebel and John B. Nickerson Workplace Harassment In order to avoid liability for workplace harassment, an employer must show that it exercised
More informationA Live 90-Minute Teleconference/Webinar with Interactive Q&A
presents Multi-Defendant Patent Litigation: Controlling Costs and Pooling Resources Strategies for Joint Defense Groups, Joint Defense Agreements, and Privilege Issues A Live 90-Minute Teleconference/Webinar
More informationIMPACT OF THE NEW OHIO RULES OF PROFESSIONAL CONDUCT ON SOLO/SMALL FIRMS
IMPACT OF THE NEW OHIO RULES OF PROFESSIONAL CONDUCT ON SOLO/SMALL FIRMS Panel Discussion by Charles J. Kettlewell, J.D. Christensen, Christensen, Donchatz, Kettlewell & Owens, LLP Alvin E. Mathews. J.D.
More informationCase 1:15-cv PKC Document 20 Filed 03/07/16 Page 1 of 10. Plaintiffs, 15 Civ (PKC) DECLARATION OF PAUL P. COLBORN
Case 1:15-cv-09002-PKC Document 20 Filed 03/07/16 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AMERICAN CIVIL LIBERTIES UNION and AMERICAN CIVIL LIBERTIES UNION FOUNDATION, v.
More informationCOMMENTARY NEW CLASS ACTION RULES IN MEXICO CREATE SIGNIFICANT RISKS FOR COMPANIES DOING BUSINESS IN MEXICO COLLECTIVE ACTIONS UNDER THE NEW LAWS
MARCH 2012 JONES DAY COMMENTARY NEW CLASS ACTION RULES IN MEXICO CREATE SIGNIFICANT RISKS FOR COMPANIES DOING BUSINESS IN MEXICO Beginning March 1, 2012, companies doing business in Mexico will face the
More informationCase 1:09-mj JMF Document 3 Filed 01/12/2009 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PLEA AGREEMENT
Case 1:09-mj-00015-JMF Document 3 Filed 01/12/2009 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, ) ) V. ) ) DWAYNE F. CROSS, ) ) Defendant. ) Case
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
Case 6:09-cv-06019-CJS-JWF Document 48 Filed 09/26/11 Page 1 of 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JULIE ANGELONE, XEROX CORPORATION, Plaintiff(s), DECISION AND ORDER v. 09-CV-6019
More informationEmployment and Settlement Agreement With Release and Waiver
This Agreement is between, and binding on, Heather Roberts, on behalf of herself, and her heirs, executors, administrators, successors, assigns, agents, attorneys, representatives and other agents, ( Roberts
More informationCase 1:18-mj KMW Document 7 Filed 04/13/18 Page 1 of 9
Case 1:18-mj-03161-KMW Document 7 Filed 04/13/18 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In the Matter of Search Warrants Executed on April 9, 2018 Michael D. Cohen, Plaintiff,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO. Eastern Division
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO Eastern Division UNITED STATES OF AMERICA v. CRIMINAL NO. Case No. 2:04-cr-88 NURADIN M. ABDI JUDGE ALGENON L. MARBLEY Defendant. PLEA
More informationREPRESENTATION AGREEMENT
REPRESENTATION AGREEMENT This Contingent Fee Agreement for the performance of legal services and payment of attorneys' fees (hereinafter referred to as the "Agreement") is between (hereinafter "Client")
More informationCivil Procedure Act 2010
Examinable excerpts of Civil Procedure Act 2010 as at 2 October 2018 1 Purposes CHAPTER 1 PRELIMINARY (1) The main purposes of this Act are (a) to reform and modernise the laws, practice, procedure and
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION PLEA AGREEMENT
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. Case No. 15-00106-01-CR-W-DW TIMOTHY RUNNELS, Defendant. PLEA AGREEMENT
More informationQuestions: 1. May Lawyer file an affidavit for change of judge against Judge X in Defendant s case?
FORMAL OPINION NO -193 Candor, Independent Professional Judgment, Communication, Seeking Disqualification of Judges Facts: Lawyer practices primarily in ABC County and represents Defendant in a personal-injury
More informationA BILL FOR A LAW FOR THE ADMINISTRATION OF CIVIL JUSTICE IN EKITI STATE EKITI STATE OF NIGERIA
A BILL FOR A LAW FOR THE ADMINISTRATION OF CIVIL JUSTICE IN EKITI STATE EKITI STATE OF NIGERIA 1 EKITI STATE OF NIGERIA ADMINISTRATION OF CIVIL JUSTICE BILL, 2018 ARRANGEMENT OF SECTIONS 1. Objectives
More informationCase 1:17-cr RC Document 3 Filed 12/01/17 Page 1 of 10. United States v. Michael T. Flynn
Case 1:17-cr-00232-RC Document 3 Filed 12/01/17 Page 1 of 10 U.S. Department of Justice The Special Counsel's Office Washington, D.C. 20530 November 30, 2017 Robert K. Kelner Stephen P. Anthony Covington
More informationSecurity ( DHS ) officials including ICE officers in field offices, detention facilities and
Security ( DHS ) officials including ICE officers in field offices, detention facilities and arrest sites. These interactions can have life-altering consequences. 3. Access to counsel is at the very core
More informationBest Practices in Multi-Defendant Litigation
Best Practices in Multi-Defendant Litigation IPO Annual Meeting September 12-14, 2010 IPO 2010 Annual Meeting 1 Speakers Moderator: Elizabeth Ann "Betty" Morgan The Morgan Law Firm P.C. William Bergmann
More informationETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN
ETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN for the Marquette Volunteer Legal Clinic Lawyer and Student Volunteers December 11, 2008
More informationCOMMENTARY. Pan-European Preliminary Injunctions in Patent Infringement Proceedings: Do We Still Need a European Unified Court System?
August 2012 JONES DAY COMMENTARY Pan-European Preliminary Injunctions in Patent Infringement Proceedings: Do We Still Need a European Unified Court System? The Court of Justice of the European Union (
More informationNON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE AGREEMENT
NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE AGREEMENT This Non-Transferable and Non-Exclusive License Agreement (the Agreement ) is effective between Trident Automation, Inc. (the "Licensor") and Customer
More informationBALTIMORE GAS AND ELECTRIC COMPANY. Residential Customer List Agreement
BALTIMORE GAS AND ELECTRIC COMPANY Residential Customer List Agreement THIS CUSTOMER LIST AGREEMENT ( Agreement ) is made as of the day of, 20 _, ( Effective Date ) by and between BALTIMORE GAS AND ELECTRIC
More informationUNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA PATENT CASE SCHEDULE. Answer or Other Response to Complaint 5 weeks
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA PATENT CASE SCHEDULE Event Service of Complaint Scheduled Time Total Time After Complaint Answer or Other Response to Complaint 5 weeks Initial
More informationGREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION PROGRAM PARTICIPATING MANUFACTURER AGREEMENT
GREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION PROGRAM PARTICIPATING MANUFACTURER AGREEMENT THIS AGREEMENT, including all Schedules and Exhibits attached hereto (this Agreement ), is entered
More informationReport of the Legal Ethics and Professional Conduct Committee
Report of the Legal Ethics and Professional Conduct Committee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 To the Council of Delegates: The Legal Ethics
More informationGREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION PROGRAM PARTICIPATING MANUFACTURER AGREEMENT
GREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION PROGRAM PARTICIPATING MANUFACTURER AGREEMENT THIS AGREEMENT, including all Schedules and Exhibits attached hereto (this Agreement ), is entered
More informationRule 1. These Rules in Part II shall be called the Civil Procedure Mediation Rules, 2006.
Bombay High Court Mediantion Rules CIVIL PROCEDURE MEDIATION RULES Rule 1. These Rules in Part II shall be called the Civil Procedure Mediation Rules, 2006. Rule 2 Appointment of mediator : (a) Parties
More informationDue Diligence: The Sentencing Guidelines and the Lawyer s Role in Corporate Compliance and Ethics Programs. by Steven Carr
Due Diligence: The Sentencing Guidelines and the Lawyer s Role in Corporate Compliance and Ethics Programs by Steven Carr North Carolina Bar Foundation Continuing Legal Education December 9, 2005 Due Diligence:
More informationCase 1:16-cv WHP Document 4-1 Filed 08/18/16 Page 1 of 10 NO. 1:16-CV-6544
Case 1:16-cv-06544-WHP Document 4-1 Filed 08/18/16 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK U.S. COMMODITY FUTURES TRADING COMMISSION, PLAINTIFF, NO. 1:16-CV-6544
More informationRULE 2.9: Ex Parte Communications
AMERICAN BAR ASSOCIATION CPR POLICY IMPLEMENTATION COMMITTEE COMPARISON OF ABA MODEL JUDICIAL CODE AND STATE VARIATIONS RULE 2.9: Ex Parte Communications (A) A judge shall not initiate, permit, or consider
More informationCLIENT-LAWYER RELATIONSHIP MODEL RULE 1.2
CLIENT-LAWYER RELATIONSHIP MODEL RULE 1.2 1 RULE 1.2 SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client's
More informationWhat Keeps You Up at Night?
What Keeps You Up at Night? Issues of Fraud and Abuse Compliance Series Keeping In House Out of the Doghouse Invoking the Attorney- Client Privilege 37 Offices in 18 Countries 2 Keeping In House Out of
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No. 07-00200-06-CR-W-FJG ) MICHAEL FITZWATER, ) ) ) Defendant.
More informationT he European Union s Article 29 Data Protection
A BNA, INC. PRIVACY & SECURITY LAW! REPORT Reproduced with permission from Privacy & Security Law Report, 8 PVLR 10, 03/09/2009. Copyright 2009 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
More informationARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties
ARBITRATION RULES 1. Agreement of Parties The parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by ADR Services, Inc. (hereinafter
More informationAppendix XXIX-B. Note: Adopted July 27, 2015 to be effective September 1, 2015.
Introductory Note: Appendix XXIX-B Note: Adopted July 27, 2015 to be effective September 1, 2015. The Supreme Court of New Jersey endorses the use of arbitration and other alternative dispute resolution
More informationAMENDED AND RESTATED BYLAWS OF THE GAP, INC. (February 1, 2015) ARTICLE I OFFICES
AMENDED AND RESTATED BYLAWS OF THE GAP, INC. (February 1, 2015) ARTICLE I OFFICES Section 1. Registered Office. The registered office of the Corporation in the State of Delaware shall be in the City of
More informationGREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION LICENSE AND PARTICIPATING MANUFACTURER AGREEMENT
GREEN ELECTRONICS COUNCIL UL ECOLOGO/EPEAT JOINT CERTIFICATION LICENSE AND PARTICIPATING MANUFACTURER AGREEMENT THIS AGREEMENT, including all Schedules and Exhibits attached hereto (this Agreement ), is
More informationFile No. SR-NASD-98-74, Amendment No. 1 - Amendments to Rule 3110(f) Governing Predispute Arbitration Agreements with Customers
Alden S. Adkins Sr. Vice President and General Counsel May 26, 1999 Katherine A. England Assistant Director Division of Market Regulation Securities and Exchange Commission 450 Fifth Street, N.W. Washington,
More informationSINGAPORE INTERNATIONAL ARBITRATION CENTRE (SIAC)
GUIDE TO INTERNATIONAL ARBITRATION IN SINGAPORE INTERNATIONAL ARBITRATION CENTRE (SIAC) Written By S. Ravi Shankar Advocate on Record - Supreme Court of India National President of Arbitration Bar of India
More informationBY-LAWS OF THE BOEING COMPANY. (as amended and restated effective December 17, 2017)
BY-LAWS OF THE BOEING COMPANY (as amended and restated effective December 17, 2017) TABLE OF CONTENTS ARTICLE I Stockholders Meetings...1 SECTION 1. Annual Meetings...1 SECTION 2. Special Meetings...1
More informationCase 1:10-cv RJL Document 3-1 Filed 03/22/10 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 110-cv-00473-RJL Document 3-1 Filed 03/22/10 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES SECURITIES AND EXCHANGE COMMISSION, 100 F Street, NE Washington, DC
More informationCase: 1:10-cv Document #: 189 Filed: 11/09/12 Page 1 of 8 PageID #:2937
Case: 1:10-cv-02348 Document #: 189 Filed: 11/09/12 Page 1 of 8 PageID #:2937 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LORI WIGOD; DAN FINLINSON; and SANDRA
More informationJONES DAY COMMENTARY
September 2009 JONES DAY COMMENTARY Effective Use of Discovery Obtained Pursuant to 28 U.S.C. 1782 in Proceedings Before Dutch Courts This Commentary is the latest in a Jones Day series that explores the
More informationAMENDED AND RESTATED BYLAWS WHOLE FOODS MARKET, INC. (A TEXAS CORPORATION) (Effective September 6, 2012)
AMENDED AND RESTATED BYLAWS OF WHOLE FOODS MARKET, INC. (A TEXAS CORPORATION) (Effective September 6, 2012) AUS01:641102.2 ARTICLE I OFFICES Section 1. Registered Office and Agent. The registered office
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No. 07-00200-01-CR-W-FJG ) WILLIAM ENEFF, ) ) ) Defendant. )
More informationCLIENT FEE DISPUTE ARBITRATION DOCUMENTS
Fee Dispute Arbitration Program Monroe County Bar Association One West Main Street, 10 th Floor Rochester, New York 14614 CLIENT FEE DISPUTE ARBITRATION DOCUMENTS Enclosed are the documents needed for
More informationCPR PROCEDURES & CLAUSES. Non-Administered. Arbitration Rules. Effective March 1, tel fax
CPR PROCEDURES & CLAUSES Non-Administered Arbitration Rules Effective March 1, 2018 tel +1.212.949.6490 fax +1.212.949.8859 www.cpradr.org CPR International Institute for Conflict Prevention & Resolution
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellees No. 913 WDA 2012
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 MYRNA COHEN Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA MOORE BECKER, P.C. AND JEFFREY D. ABRAMOWITZ v. Appellees No. 913 WDA 2012 Appeal
More informationRULES OF PROFESSIONAL CONDUCT
RULES OF PROFESSIONAL CONDUCT HTTPS://WWW.LSUC.ON.CA/LAWYER-CONDUCT-RULES/ JANUARY 29, 2016 7 CHAPTERS Chapter 1: Citation and Interpretation Chapter 2: Integrity Chapter 3: Relationship to Clients Chapter
More informationCurrent Ethics Issues Relating to Opinions:
Current Ethics Issues Relating to Opinions: The Attorney-Client Privilege, the Work-Product Protection, and Rules of Professional Conduct 1.6 & 2.3 Presenters: John K. Villa & Charles Davant Williams &
More informationDEPUTIZATION AGREEMENT BETWEEN THE HOOPA VALLEY TRIBE AND THE COUNTY OF HUMBOLDT
DEPUTIZATION AGREEMENT BETWEEN THE HOOPA VALLEY TRIBE AND THE COUNTY OF HUMBOLDT The Hoopa Valley Tribe (hereinafter referred to as Tribe ), a sovereign, federallyrecognized Indian Tribe, and the County
More information