Corporate law; defining privilege
Article Abstract:
The differences in state laws continue leading to uncertainty in the attorney-client privilege's application even in the privileges's basic elements that were resolved in the 1981 Supreme Court ruling of Upjohn v United States. Choice-of-law issues also dim the privilege's application because evidence from a jurisdiction that follows Upjohn may be sought in cases pending in jurisdictions that do not.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Litigation; joint defense issues
Article Abstract:
Whether the attorney for a co-defendant who leaves the joint defense by testifying against the first defendant can be disqualified from continuing to represent that defendant is discussed. In U.S. v. Henke, the 9th Circuit ruled that the implied attorney-client relationship made such disqualification appropriate.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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Privilege issues; subpoena by Congress
Article Abstract:
The ramifications of claiming attorney-client privilege in a subpoena for a congressional investigation into product safety are discussed. The congressiional order enforcing a subpoena is immune from judicial review and anyone challenging this order must be ready to risk criminal contempt of Congress.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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- Abstracts: Litigation; attorney-client privilege. Litigation; privileged information. Litigation; the price of incivility
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