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July 22, 2014 |

N.J. Justices Call for Crime-Fraud Exception to Spousal Privilege

A crime-fraud exception should be added to the evidentiary privilege that protects spousal communications because the societal purpose behind the privilege is not served by safeguarding conversations between spouses about their joint criminal activities, the New Jersey Supreme Court held on Tuesday.
5 minute read
June 04, 2014 |

Maintaining Privilege in the Age of E-Discovery

Lauren E. Aguiar and Julie E. Cohen of Skadden, Arps, Slate, Meagher & Flom write: The newly proposed Commercial Division rule relating to privilege log practice is intended to "promote more efficient, cost-effective pretrial disclosure." In light of existing federal and state case law, however, it is unclear whether and to what extent the rule will in fact lessen the burden on practitioners.
15 minute read
June 02, 2014 |

Maintaining Privilege in the Age of E-Discovery

Lauren E. Aguiar and Julie E. Cohen of Skadden, Arps, Slate, Meagher & Flom write: The newly proposed Commercial Division rule relating to privilege log practice is intended to "promote more efficient, cost-effective pretrial disclosure." In light of existing federal and state case law, however, it is unclear whether and to what extent the rule will in fact lessen the burden on practitioners.
15 minute read
April 14, 2014 |

The Not So 'Common' Interest Privilege Applied to M&A Deals

John J. Calandra and Sandra Saunders of McDermott Will & Emery explore cases that demonstrate the stringent limitations that New York courts place on the common interest privilege when asserted in the context of an M&A deal; review and compare Delaware's broader approach to the common interest privilege; and examine which state's common interest privilege rules apply, and how parties may better shield the privilege through carefully drafted merger and sale agreements.
13 minute read
March 14, 2014 |

Lost In Translation

Toyota says its problems with sudden unintended acceleration are in the rearview mirror, but newly disclosed documents raise questions that experts say have not yet been answered.
23 minute read
March 05, 2014 |

Privilege and Work Product Doctrine: Noteworthy Developments

Adam S. Lurie, Lambrina Mathews and Salvatore N. Astorina of Cadwalader, Wickersham & Taft, review some of the significant decisions of the past year concerning the attorney-client privilege and the work product doctrine, and practices to consider in the wake of such decisions.
10 minute read

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