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Does Disclosure Of Results Of Internal Investigation Constitute Subject Matter Waiver?

Last Friday, I wrote about one of the docketed appeals in Wynn Resorts, Limited v. Eight Jud. Dist. Ct., 41 Nev. Adv. Op. 52 (2017).  Today’s post concerns the other docketed appeal in that case.  This appeal addressed whether disclosure of an internal investigation results in a waiver of the attorney-client privilege.  To recap, the case…

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Does Work Product Belong To The Lawyer Or The Law Firm?

California has codified the attorney work product doctrine in Section 2018.030 of the California Code of Civil Procedure.  That statute establishes two categories of protected work product.   Under subdivision (a), a “writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances”.  Under subdivision (b), other work product of an…

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Privilege and Work-Product

Imagine that one attorney, let’s call her Ms. Bennett, has a client, Ms. Austen.  Ms. Bennett, of course, speaks with Ms. Austen.  Suppose, however, that Ms. Bennett also speaks with another attorney in her firm, Mr. Darcy, about Ms. Austen’s case.  Is the attorney-client privilege limited to just the communications between Ms. Bennett and Ms.…

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