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Corporate Counsel

Homebodies

Conference attendees say they prefer to keep e-discovery in-house.
2 minute read

Corporate Counsel

Seeking Salvation in the Cloud

TD Bank tries to work its way out of an e-discovery mess—and cut costs.
4 minute read

Delaware Business Court Insider

Chancery Affirms Director's Right of Access to Corporate Information

A recent Chancery Court decision underscores the broad scope of a director's right to information, even where he is a plaintiff in litigation action against the corporation. In Kalisman v. Friedman, C.A. No. 8447-VCL (Del. Ch. Apr. 17, 2013), the court held that a corporation could not assert the attorney-client privilege or work-product doctrine to withhold documents from a director who had been frozen out of the deliberative process on a controversial recapitalization plan.
8 minute read

The Legal Intelligencer

Philadelphia Traffic Court Tests Placed Under Protective Order

The federal judge presiding over the Philadelphia Traffic Court ticket-fixing cases issued a protective order for the tests taken by six indicted members of the minor judiciary.
4 minute read

Delaware Business Court Insider

Court of Chancery Addresses At-Issue Exception to Attorney-Client Privilege

In a little over a week, the Court of Chancery issued two decisions addressing the at-issue exception to the assertion of attorney-client privilege. The at-issue exception applies when: (1) a party injects privileged communications into the litigation; (2) a party injects an issue into the litigation, the truthful resolution of which requires analysis of privileged communications. Applying this standard, the Court of Chancery reached different conclusions regarding the applicability of the at-issue exception in In re Comverge Shareholders Litigation, C.A. No. 7368-VCP (Del. Ch. Apr. 10, 2013), and JPMorgan Chase & Co. v. American Century, C.A. No. 6875-VCN (Del. Ch. April 18, 2013).
5 minute read

Delaware Business Court Insider

When Is Advice of Counsel a Defense You Can Raise, but Not Disclose?

Most defendants in corporate fiduciary duty litigation want to say, "My lawyer said it was all right." They usually avoid making that point for fear of waiving the attorney-client privilege. A recent Court of Chancery decision suggests that it is possible to say your lawyer advised you without opening the door to disclosure of exactly what the lawyer said. Doing so involves walking a tightrope. One slip and you're waiving your privilege. Yet, the benefits may be worth the risk.
5 minute read

Daily Report Online

Gunshot victim wins $17.5M award

A DeKalb County jury has awarded $17.5 million to a young man and his parents, who claimed Grady Memorial Hospital, Emory University and several medical staffers were responsible for brain damage that occurred after the man was treated for a gunshot wound.
9 minute read

The Legal Intelligencer

Septic System Disclosure Suit Clears Hurdle in Lawrence Co.

A Pennsylvania couple's claim that a realtor negligently misrepresented the condition of the septic system of a house they purchased has survived preliminary objections following a Lawrence County judge's ruling.
5 minute read

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