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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 Article 8 Opt In
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.