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April 21, 2015 |

Worker Can't Be Fired for 'Argumentative' Email

A state employee should not have been fired for sending an “argumentative” email to a co-worker, even though he had been the subject of prior disciplinary action, the Commonwealth Court has ruled.
5 minute read
April 15, 2015 |

No Privilege for Defunct Companies, Judge Concludes

The attorney-client privilege does not apply to documents belonging to corporation that is now dissolved, according to a federal magistrate judge in a civil enforcement action over a stock pump-and-dump scheme.
3 minute read
April 13, 2015 |

Does Use of Self-Destructing Messages Raise Spoliation Concerns?

Peter Isajiw and Anthony Del Giudice of Cadwalader, Wickersham & Taft write: Courts have not yet considered how to categorize self-destructing message apps, but the law's general distaste for missing records and the increasing popularity of self-destructing message apps makes a forthcoming confrontation likely.
10 minute read
April 07, 2015 |

Judge Gets Common Interest Privilege Spot-On!

C. Evan Stewart writes: While judges often make rulings on the attorney-client privilege and work product doctrine that are wide of the mark, every so often they get one spot-on. Happily, the First Department (per Judge Karla Moskowitz), recently did just that in reversing a trial court order that held that documents relating to a merger were not protected by the "common interest" privilege.
8 minute read
April 03, 2015 |

For Outside Counsel, Tech Savvy an Ethical Obligation

While technology is constantly evolving, attorneys' ethical duties to provide competent representation and preserve confidentiality remain the same. From initial intake through litigation, technical competence is required.
13 minute read
Law Journal Press | Digital Book Federal Trade Commission: Law, Practice and Procedure Authors: Peter C. Ward View this Book

View more book results for the query "Federal Communications Commission"

November 24, 2014 |

NJ Adopts UIDDA, Changing Rule on NonParty Discovery for Use in Other States

N.J. Court Rule 4:11-4 was amended to adopt the Uniform Interstate Deposition and Discovery Act (UIDDA). The change affects discovery in N.J. of nonparties, for use in proceedings in other states.
8 minute read
November 10, 2014 |

Protecting Consultants' Work Product in Investigations

Palmina M. Fava and Mor Wetzler of Paul Hastings utilize a case study to explore the nuances in the law and offer guidance, based on recent case law, to protect a consultant's work product in an internal investigation from disclosure.
13 minute read
November 03, 2014 |

Should Old Subpoena Compliance Rules Apply in the Digital Age?

Douglas Davison, Peter Vigeland and Thomas Kessler of Wilmer Cutler Pickering Hale and Dorr write: Recent decisions suggest that it is time, in this digital age, to reconsider the premise that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties.
16 minute read
September 22, 2014 |

How Litigants Should Approach Categorical Privilege Logs

Jennifer Rearden and Seema Gupta of Gibson, Dunn & Crutcher write: Although a new Commercial Division rule expresses a preference for categorical privilege logs, it provides little insight into the form those logs should take. This issue likely will be addressed by courts in the coming months and years.
10 minute read
September 12, 2014 |

Adopt Crime-Fraud Exception To Marital Privilege

The New Jersey Supreme Court recently acknowledged that the marital communications privilege should include a crime-fraud exception, but held that the inclusive procedure contemplated in the Evidence Act, and not judicial fiat, would be the appropriate vehicle for its adoption. We agree.
2 minute read

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