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Within the context of corporations and other commercial entities, maintaining and preserving the protections afforded by the attorney-client privilege and work-product doctrine require special precautions. If access to information and materials otherwise protected from disclosure is provided to individuals other than those who 'need to know,' then a corporate client may inadvertently waive the protections offered by the attorney-client privilege and work-product doctrine. The U.S. Court of Appeals for the District of Columbia explored these issues in Federal Trade Commission v. GlaxoSmithKline, 294 F.3d 141 (D.C. Cir. 2002).
In Glaxo, the FTC issued a subpoena to GlaxoSmithKline (GSK) during the course of its investigation into whether GSK listed its patents properly in the FDA compilation of Approved Drug Products with Therapeutic Evaluations. The FTC sought two categories of documents:
Although GSK and the FTC reached an agreement regarding the documents that would be produced, including a process for resolving any disputes, GSK withheld certain documents on the grounds that they were protected from disclosure by the attorney-client privilege and work-product doctrine.
The FTC argued that GSK forfeited its right to assert any privilege or work-product immunity because GSK had widely disseminated all the documents within GSK, as well as to consultants and other third parties. The FTC also contended that the production of certain documents in the Illinois litigation effectively estopped GSK from withholding the same documents in response to the FTC's subpoena. The FTC further maintained that the attorney-client privilege was inapplicable because the information at issue was not
confidential.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?