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March 31, 2023 | New York Law Journal

Parent-Child Privilege: Alive and Well But With Uncertain Conditions

Kemp has renewed interest in recognizing as well as limiting or precluding the existence of a parent-child privlege through legislation. This column will explore the present landscape and with that background suggest issues which must be addressed in a codification of the privilege.
12 minute read
March 15, 2023 | National Law Journal

Read the Document: SEC Responds in Fight Over Subpoena Seeking Covington's Client List

The law firm was asked by the agency for documents following a hack of the firm in 2020. While they complied with parts of the request, the firm refused to hand over its client list.
3 minute read
October 26, 2022 | Legaltech News

New SEC Recordkeeping Rule Unlikely to Strain Organizations' E-Discovery Efforts

E-discovery experts expect the long-awaited update to the SEC's electronic recordkeeping rule to be easy for companies to comply with, though they recognized the transition could be "burdensome" at first.
5 minute read
October 04, 2022 | Connecticut Law Tribune

State High Court Provides Guidance on Use of Settlement Communications as Evidence

"It was a real minefield to be in a position where you're supposed to have an obligation to communication your request for accommodation and that's not a static thing. This case very well demonstrates, and the court emphasizes, it's a continuing obligation," said plaintiff's attorney Jacques J. Parenteau.
8 minute read
July 05, 2022 | New York Law Journal

Waiver of Corporate Privilege by an Individual Defendant

Can the court abrogate the employer's privilege over the objection of the employer, and if so under what circumstances? This article discusses two cases in which the U.S. District Court for the Southern District of New York and the U.S. Court of Appeals for the Sixth Circuit addressed this question, holding that the court could not abrogate the employer's privilege.
12 minute read
March 04, 2022 | New York Law Journal

Litigation Lessons From Cyberattacks: Separation Is Key To Ensuring Work Product Doctrine Protection

This article discusses decisions that provide a roadmap for savvy counsel to guide the retention of an expert while simultaneously preserving applicable privileges from disclosure.
8 minute read
April 08, 2021 | New York Law Journal

A Riskier Approach: How 3 Ex-Feds Persuaded the SDNY to Drop Criminal Charges Against Former Brixmor Execs

A gamble—to share the core of their client's defense with the U.S. Attorney's Office—resulted in a nolle pros letter in an accounting fraud case defended by a team of Wilmer and Cleary Gottlieb lawyers.
5 minute read
March 22, 2021 | New York Law Journal

Maximizing Protection Over Sensitive Cyber Forensic Reports in Light of Recent Disclosure Orders

This article provides an overview of the recent case law and some approaches companies might take to maximize the protection of cyber reports from third-party disclosure.
8 minute read
September 18, 2020 | New Jersey Law Journal

Give Us Your Cell Phone Password and Constitutional Rights, Please

COURT WATCH: The issue, of first impression, was whether requiring a defendant to disclose the passcode of his cell phone violates his protection against self-incrimination provided by the Fifth Amendment of the U.S. Constitution and New Jersey law.
8 minute read
September 02, 2020 | New York Law Journal

The Marital Communications Privilege in White Collar Cases

In his Corporate Crime column, Evan Barr re-acquaints defense practitioners with the basic parameters of the marital communications privilege.
10 minute read

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