Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Shearman & Sterling LLP ordered by Published Date Descending.
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Supreme Court Extends Scope Of Confidential Information Disclosure Exemption Under Freedom Of Information Act
On June 24, 2019, the United States Supreme Court, in an opinion by Justice Gorsuch, held that information that "is both customarily and actually treated as private by its owner and provided to the government under an assurance...
United States
4 Jul 2019
High Court Rules That Litigation Privilege Can Apply In Respect Of Internal Investigations
In Bilta (UK) Ltd (in Liquidation) & Ors v Royal Bank of Scotland plc and Mercuria Energy Europe Trading Limited [2017] EWCH 3535 (Ch) ("Bilta v RBS")...
12 Feb 2018
High Court Rules That Witness Interview Notes Are Not Covered By Legal Advice Privilege
In December 2016, the English High Court ruled that transcripts, notes and other records of witness interviews prepared by in-house and external counsel in the course of an internal investigation . . .
12 Jan 2017
The Patent Agent Privilege
In In re Queen's University at Kingston, No. 2015-145 (Fed. Cir. March 7, 2016), the Federal Circuit recognized—on a petition for writ of mandamus—the existence of a new patent agent privilege...
United States
19 May 2016
Berkowitz, Colsher And Purcell Write Article On Proportionality Of Discovery In Patent Cases
In this article, the authors analyze district courts' treatment of discovery disputes following the amendment to the Federal Rule of Civil Procedure 26(b)(1)...
United States
14 Apr 2016
Amendments To The Federal Rules Of Civil Procedure
Amendments to the Federal Rules of Civil Procedure ("Federal Rules") covering discovery rules and exchange of information in civil lawsuits took effect in December.
United States
16 Feb 2016
District Court Upholds Summons And Rejects Attorney-Client And Work Product Privilege
The IRS issued a third-party summons to plaintiff, Alice Ellis ("Ellis"), to testify and produce documents to an IRS Special Agent, who was conducting an investigation of possible criminal offenses by Ellis' client McCool.
United States
15 Feb 2016
Court Upholds GE's Attorney-Client Privilege Amidst Government Challenge
On September 15, 2015, the United States District Court, District of Connecticut rejected most of the Government's challenges to privilege claims asserted by General Electric Company ("GE").
United States
25 Nov 2015
Second Circuit Determines That Tax Memo Shared Between Taxpayers And Banks Is Protected Under The Common Interest Doctrine And Subject To Work-Product Protection
In Schaeffler, the taxpayers petitioned to quash an IRS summons for a tax memorandum and related documents prepared by taxpayers' accounting firm in connection with a complex refinancing and corporate restructuring transaction...
United States
23 Nov 2015
Circuit Court Upholds Privilege For Internal Investigation Documents
On August 11, 2015, the United States Court of Appeals for the District of Columbia in In Re Kellogg Brown & Root, Inc.
United States
9 Sep 2015
Commercial Division Of New York State Supreme Court Adopts Rule Regarding Responses And Objections To Document Requests
The Chief Administrative Judge of the Courts of New York adopted a new rule applicable to the Commercial Division that will require parties to provide increased specificity when responding and objecting to document requests.
United States
9 Feb 2015
Court Determines Tax Memo Not Protected By Attorney-Client Privilege And Work Product Doctrine
The Southern District of New York, in Schaeffler v. United States, recently denied a petition to quash an IRS summons for a tax memorandum.
United States
23 Jul 2014
Focus On Tax Controversy And Litigation - July 2014
In addition to a discussion of the Supreme Court's recent decision in Clarke, this month's issue features articles regarding the Southern District of New York's decision in Schaeffler.
United States
23 Jul 2014
Committee Issued Updated Proposed Rule 37(e) On E-Discovery
In April, the Advisory Committee on Civil Rules publicly released the updated version of proposed Federal Rule of Civil Procedure 37(e).
United States
3 Jun 2014
Tax Court Rejects Claim Of Attorney-Client Privilege And Orders Release Of Opinion Letters
The Tax Court held that two partnerships were required to release attorney opinion letters addressing "Son-of-BOSS" tax shelter transactions.
United States
2 Jun 2014
Southern District Of New York Holds Cooperation With Government Waives Attorney-Client Privilege
The Southern District of New York held that voluntary disclosure of privileged communications to the government can be a waiver of attorney-client privilege.
United States
17 Apr 2014
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