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The common interest doctrine creates an oftentimes frustrating exception to the general rule that disclosure of information to a party outside of the normal attorney-client relationship destroys privilege. Essentially, it extends the attorney-client privilege and the work product doctrine so that, in certain situations, privileged communications and documents may be shared with third parties without waiver when the parties share similar legal interests. It can be a powerful tool when used to block discovery of relevant and sometimes critical evidence. However, a determination of when the common interest doctrine can be invoked requires a highly fact-intensive analysis.
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Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical
By Daniel Coyle
Chapter 15 specifically allows foreign representatives to conduct discovery in the U.S., but be wary of other entities that seek to distract and/or delay the Foreign Representative from the asset search.
Appellate Courts Split On Bankruptcy Ownership of Malpractice Claims
By Michael L. Cook
Judicial hair-splitting, when applying state law to federal bankruptcy cases, creates only uncertainty.
How Does a Bankruptcy Litigator Move from One Law Firm to Another?
By Earl M. Forte
Chapter 11 work can be episodic and uneven, and while litigation skills are essential, it is also quite specialized. So, given these qualities, how does a bankruptcy litigator go about moving from one law firm to another, and what are the pitfalls?
What a Post-COVID-19 World: Debtors’ Extraordinary Responses to COVID-19
By Gerard S. Catalanello and Kimberly J. Kodis
The impact of the pandemic rages on and, in its path leaves many businesses and industries demolished or, at best, severely impaired. Once again, the Bankruptcy Code has been called upon to provide relief to those in dire need
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