“‘Palpable and Significant Risk’: Law Firm Disqualified From Federal Suit” — “U.S. Magistrate Judge James Wicks of the Eastern District of New York on Wednesday took the unusual step of granting a motion to disqualify counsel in a case seeking damages from Nassau County and several law enforcement officers in a wrongful conviction case.” “Wicks […]
“Gibson Dunn disqualification over privileged email could be headache for Calif. lawyers” — “On Tuesday, a divided California state appeals court refused to reverse a trial court decision to disqualify Gibson Dunn & Crutcher from defending McDermott Will & Emery in a malpractice suit brought by the patriarch of a family investment business. Gibson Dunn’s […]
Thought I’d share various pieces that have caught my eye recently. Making me smile, this piece recommending law departments review and revise Outside Counsel Guidelines: “Maximize the Impact of Your Legal Invoice Review Process” — “#1: Ensure your outside counsel billing policies and guidelines are current, concise, and acknowledged by your law firms… How long […]
“Beware: The Report Expressly Prepared for Trial Counsel May Not Be Privileged After All” — “Here’s a common scenario: You discover a potential compliance issue and worry about being sued. You hire outside counsel to help prepare for litigation. Trial counsel in turn hires a consulting firm for the express purpose of helping in its […]
“Third Party Disclosure Waives Privilege” — “The Delaware Court of Chancery has held that a party waived its attorney-client privilege by submitting the documents at issue to the Federal Communication Commission.” “The Plaintiffs seek thirty-one (31) documents previously produced by Defendant IDT Corporation (“IDT”) to the Federal Communications Commission (“FCC”) in 2016 in connection with […]
This one caught my eye as something worth keeping on radar. While the focus is on client breaches and outside counsel/experts, we’ve read about a law firm or two that has faced similar incidents in recent times… “Data Breach Report in Capital One Litigation Not Privileged” — “On May 26, the District Court found in […]
This one caught my eye as I considered the potential implications for information sharing typically conducted during lateral lawyer moves… If you’re in a specialized practice looking to make a lateral move, and the hiring firm asks for a list of clients… what then? Ask all clients for permission? “Fifth Circuit Reaffirms That Client Identity […]
We’ve covered several updates about Zoom and general conferencing risks. New technologies always bring new potential and often new risks. Here’s more on the question of these convenient listening devices in many homes. It looks like sensitivity levels, concerns and mitigation practices are starting to rise, if the quoted firm representatives are any indication, in: […]
“Restatement to the Rescue: 20-Year-Old Treatise May Help Ease Work-at-Home Privilege Problems” — “Since so many lawyers and clients are now communicating with each other from their homes, the COVID-19 pandemic presents such a time with respect to the protection of attorney-client privilege.” “For lawyers who have long since set themselves up to operate on […]
“Risk Management Issue: Is e-mail ‘spoofing’ covered under the computer fraud provision in an insurance policy?” — “Medidata submitted a claim for the loss under its insurance policy issued by the Defendant Federal Insurance Company (‘Federal’). The policy included a Computer Fraud Coverage provision, which covered ‘direct loss of Money, Securities or Property sustained by […]