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Attorneys – Privilege – Waiver
Where a plaintiff has moved to compel the production of documents withheld by the defendants, that motion should be denied despite the plaintiff’s claim of an “at issue” waiver of the attorney-client privilege.
1st Circuit limits privilege waiver in kickback case
The 1st Circuit ruled that an executive’s involvement-of-counsel defense in an Anti-Kickback criminal case does not automatically waive a corporation’s attorney-client privilege.
Criminal – Advice of counsel – Waiver of privilege
Where (1) a defendant corporate executive indicated his intent to invoke an “involvement-of-counsel” defense at his criminal trial and (2) the lower court found an implied waiver of attorney-client privilege as to the defendant’s communications with corporate counsel, a remand is necessary because the facts and procedural posture of the case have shifted substantially.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
