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Tag Archives: Attorney-Client Privilege

No blanket attorney-client privilege for Outer Banks lawyer (access required)

A Kill Devil Hills attorney will have to answer questions about his conversations with a client who is now in bankruptcy proceedings. James R. Gilreath Jr. had argued that the conversations were protected by a blanket attorney-client privilege, but a federal bankruptcy court ordered Gilreath to sit for a deposition by the bankruptcy trustee, with privilege disputes resolved on a question-by-question basis.

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Civil Practice – Discovery – Attorney-Client Privilege – Email Production – Outside Consultant (access required)

Blythe v. Bell In response to an order compelling discovery, defendants (1) hired an outside consultant, (2) instructed him to search company computers using search terms suggested by plaintiffs and to segregate files with the extension “hickorylaw.com,” (3) failed to review the documents produced by the consultant, and (4) produced to plaintiffs a hard drive with 3.5 million unsearchable emails and (unattached) attachments.

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Attorneys – Attorney-Client Privilege – Work Product – Waiver – Advice of Counsel Defense – Corporate Sale – Disparate Shareholder Prices (access required)

Richardson v. Frontier Spinning Mills By raising the advice-of-counsel defense as to disparate share pricing, material disclosures in a stock purchase agreement, and otherwise, defendants waived attorney-client and work-product privileges as to (1) the mechanics of and manner in which the stock sale was structured; (2) the manner in which information concerning the sale was disclosed to outside shareholders...

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Civil Practice – Discovery – Document Production – Form & Organization – Attorney-Client Privilege (access required)

Morris v. Scenera Research, LLC Even though – before this case was remanded from federal court to state court – the parties agreed as to the form and organization of the production of documents in discovery, defendant’s actual production has left plaintiff unable to determine the source of many of the documents produced. Defendant is directed to provide a report to the court as to whether it can provide plaintiff with information that correlates its document production to the source from which files were taken.

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Civil Practice – Discovery – Attorney-Client Privilege – Blanket Objection – First Impression – Appeals – Interlocutory (access required)

K2 Asia Ventures v. Trota When responding to a discovery request, a blanket objection based on attorney-client privilege or work product immunity to all of the opposing parties’ discovery requests is inadequate to accomplish its intended purpose and does not establish a substantial right to an immediate appeal. The Philippine defendants’ appeal is dismissed. The trial court’s order compelling discovery from the Krispy Kreme Doughnut (KKD) defendants is affirmed.

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Civil Practice – Discovery – Document Production – Form & Organization – Attorney-Client Privilege (access required)

Morris v. Scenera Research, LLC Even though - before this case was remanded from federal court to state court - the parties agreed as to the form and organization of the production of documents in discovery, defendant’s actual production has left plaintiff unable to determine the source of many of the documents produced. Defendant is directed to provide a report to the court as to whether it can provide plaintiff with information that correlates its document production to the source from which files were taken.

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