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Preserving the Attorney-Client Privilege
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:
- Documents concerning the medication known as Paxil that the U.S. District Court for the Northern District of Illinois had ordered to be disclosed in separate litigation.
- Information regarding the manufacturing and marketing of Paxil.
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.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.