SEC Condemns Breach Of Client Confidences While Offering Possible Bounties...
Yesterday, the Securities and Exchange Commission announced that it had “charged a California-based attorney and his wife with insider trading on confidential information obtained from a corporate...
View ArticleThis Evidentiary Privilege May Stop At The Border
Unlike other states, California’s rules of evidence are found in statutes, not court rules. This is not simply a legal curiosity. The statutory basis of California’s “rules” of evidence have real...
View ArticleCalifornia Law Revision Commission Mulls Recommending Exception To Mediation...
In This Evidentiary Privilege May Stop At The Border, I noted that Section 1119 of the California Evidence Code establishes a broad mediation privilege: No evidence of anything said or any admission...
View ArticleAre Consultant’s Employees Functionally Equivalent To Client’s Employees?
As a general matter, the attorney-client privilege is waived by disclosing a communication to a third party. When a corporation hires an investment banker, the corporation’s attorneys will frequently...
View ArticleCourt May Not Employ Alan Funt Tactics To Assess Attorney-Client Privilege
California, unlike other states, has codified the attorney-client (and other evidentiary) privileges. Cal. Evid. Code §§ 900 et seq. In an opinion issued last week, the California Court of Appeal...
View ArticleCourt Rules Attorney-Client Privilege Ceases To Exist When Corporation Ceases...
The LLC May Well Be The Platypus Of Business Organizations What happens to the attorney-client privilege when a corporation dissolves? Magistrate Judge Sallie Kim recently answered that question in...
View ArticleMagistrate Judge Rules SEC’s Attorney-Conduct Rules Preempt State Law
Last December, Chief Magistrate Judge Joseph C. Spero ruled that the SEC’s attorney-conduct rules preempt California’s statutory and professional rules requiring attorneys to maintain inviolate the...
View ArticleDoes 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...
View ArticleDoes Assertion Of Business Judgment Rule Waive Attorney-Client Privilege?
Nevada, like California, has codified the attorney-client privilege: A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications:...
View ArticleDoes Disclosure Of Results Of Internal Investigation Constitute Subject...
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...
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