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On Jan. 9, the U.S. Supreme Court heard oral argument on whether the attorney-client privilege protects against disclosure of dual-purpose communications — where the communications contain both legal and nonlegal advice. The case, In re Grand Jury, 23 F.4th 1088 (9th Cir. 2022), is under review to determine this question. In re Grand Jury arose from a grand jury subpoena to a law firm seeking communications related to tax advice given to a client. The firm refused to produce certain documents citing attorney-client privilege and the work-product doctrine. The government moved to compel the production of the withheld documents, which the court granted in part. Among the withheld documents that the court ordered produced without redactions were emails containing attorney recommendations.
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By Josh Hummel
Federal Court Decision Among the First to Allow a Data Breach Liability Claim to Proceed Under Common Law Bailment Theory
Data breach lawsuits have often struggled to match up the unique realities of data breaches with traditional theories of legal liability. A recent decision from the Southern District of Indiana, however, cut through these issues by allowing a class action claim to proceed on a theory of liability often proposed by commentators as a solution to the data breach liability conundrum but until recently almost uniformly rejected by courts: the common law theory of bailment.
AI Regulation in the U.S.: What’s Coming, and What Companies Need to Do In 2023
By Kim Peretti, Dan Felz and Alysa Austin
Part Two of a Two-Part Article
In Part One, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two, continues the discussion on potential federal AI regulation and what companies can do to prepare.
Legal Operations Success In 2023
By Ari Kaplan
Strategies for Navigating an Uncertain Economy, Leveraging CLM Technology to Streamline Processes, and Embracing Change
During a recent discussion with a select group of leaders in legal operations in highly-regulated organizations, several key themes emerged that are likely to drive new initiatives in 2023.
Federal Jury Rejects First Amendment Defense In ‘MetaBirkins’ NFT Standoff
By Todd Larson and Yonatan Shefa
Leading the charge in thorny IP issues have been cases addressing whether NFT makers who utilize other parties’ trademarks can turn to the First Amendment as a defense to trademark infringement. This article analyzes the summary judgment decision that set the stage for trial in Hermes International, and provides some takeaways concerning the legal landscape for NFTs moving forward.
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