March 6, 2019
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How Much Privilege Review is Required Under a Clawback Agreement?

  An interesting dispute unfolding between business competitors highlights the practical and legal implications of clawback agreements. In Arconic, Inc. v. Novelis, Inc., et al, Civil […]
July 18, 2018

Even With Clawback Agreement, Use of Material May Waive Privilege

  We here at Percipient are fans of clawback agreements.   Clawback agreements are authorized by state and federal evidence rules, such as Federal Rule of Evidence […]
October 31, 2017

Is Using Box the Same as Leaving Documents on a Park Bench? (Nope).

If you upload files without password protection to a file sharing site (such as or Dropbox), is it the same as leaving documents on a […]
July 10, 2017

Attorney-Client Privilege Covers Discovery From In-House Litigation Support Staff

Communications between lawyers and outside litigation consultants, such as e-discovery vendors, are largely protected by the attorney work product doctrine and the attorney-client privilege. Similarly, knowledge […]
January 23, 2017

A Privilege to Serve? Attorney-Client Privilege, In-House Counsel & Whistleblowing

An interesting conflict is brewing in some state and federal courts involving whistleblowers and the attorney-client privilege–specifically the use of privileged information by in-house counsel whistleblowers. […]
September 9, 2016
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Are Litigation Hold Notices Protected by Attorney-Client Privilege?

  Generally, litigation hold notices are privileged, protected by the attorney-client privilege or work product doctrine. See, e.g. Gibson v. Ford Motor Co., 510 F. Supp. […]
August 15, 2016
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The Legal Ethics of Cloud Computing & SaaS

According to the American Bar Association 2015 Techreport, 31% of American lawyers utilize cloud computing or software as a service (SaaS) in their practice. We at […]
February 29, 2016

May Attorney Work Product be Used for Business Purposes?

If attorney work product material is used for business purposes does it lose its protected status? Maybe not if it satisfies the “because of” test.   […]
August 7, 2015

Is Your Litigation Opponent Entitled to Know the Identity of Your E-Discovery Consultant?

  If you consult an expert to discuss e-discovery issues arising in litigation or hire a computer forensics consultant to help address technical issues, but they […]