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Scope of Privilege: When a Company's Business Is Litigation
Patent litigation is often very document intensive. When reviewing documents for production in a litigation, a number of questions must be addressed for each document. For example, is the document relevant to the issues in the case? Does the document contain confidential information that should only be produced subject to a protective order? Does the document contain confidential information of a third party that requires permission from that third party before production? While all of these are important considerations, perhaps the most important inquiry is the question of privilege: Is the document privileged and thus can be withheld from production?
Too often, the complex question of privilege devolves into a simple inquiry: Is the author or recipient of the document an attorney? This shortcut analysis assumes that documents authored or received by an attorney are privileged, while documents exchanged between business people are not. However, as with all shortcuts there tend to be flaws.
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.
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.
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.